Maharashtra State Road Transport ... vs Ramjan Gulab Tamboli And Ors
2016 Latest Caselaw 1216 Bom

                                         1              FA NO.1554 OF 2011

                 
              IN THE HIGH COURT OF JUDICATURE OF BOMBAY




                                                                       
                         BENCH AT AURANGABAD




                                               
                       FIRST APPEAL NO.1554 of 2011

               Maharashtra State Road Transport
               Corporation, Dhule,




                                              
               Through its Divisional Controller,
               MSRTC, Dhule.

                                        ...APPELLANT
                                   (Orig.Respondent No.2)




                                      
                       VERSUS
      1.       Ramjan Gulab Tamboli,
               Age 26 years, Occu: Labour Work,
                            
      2.       Naushadbi Ramjan Tamboli,
               Age 30 years, Occu. Household,

               Both r/o Indiranagar, Dahiwel,
      


               Tq. Sakri, Dist. Dhule.
   



                                       (Orig. Petitioners)

      3.       Shri Yeshwant Hilal More,
               Age Adult, Occu: S.T.Driver,





               r/o. Nijampur, Tq. Sakri,
               District Dhule.

                                       (Orig.Respondent No.1)
                                            RESPONDENTS





                        ...
      Mr. D.S.Bagul, Advocate for the appellant.
      Mr. G.R.Syed, Advocate for respondent nos. 1 and 
      2.
      Respondent no.3 served.
                    ...
                         CORAM: P.R.BORA, J.

DATE : April 5th, 2016 ...

                                                 2                 FA NO.1554 OF 2011


      ORAL JUDGMENT:




                                                                                 
                                                         

1. The appellant Corporation has filed the present

appeal taking exception to the judgment and award passed by

the Member, Motor Accident Claims Tribunal, Dhule, in M.A.C.P.

No. 280/2008 on 31st of August, 2010. The aforesaid

petition was filed by the present respondents seeking

compensation on account of death of their son, namely, Juber,

who died in a vehicular accident having involvement of S.T.Bus

bearing No. MH-20-D/4064.

2. It was the contention of the respondents before the

Tribunal that the deceased Juber was a very bright student and

was possessing high prospects. They have, therefore, prayed

compensation amounting to Rs.4,00,000/- ( Rs. four lacs).

3. The defense of contributory negligence was raised

by the appellant before the Tribunal. The learned Tribunal,

however, after having assessed the oral and documentary

evidence brought before it, allowed the application in part and

awarded compensation of Rs.3,75,000/- to the claimants along

with interest thereon at the rate of Rs.7.5 per cent per annum

from the date of filing of the petition till its realization inclusive

3 FA NO.1554 OF 2011

of the amount on account of no fault liability. Against the

judgment and award so passed, the appellant Corporation has

filed the present appeal.

4. Shri Bagul, learned Counsel appearing for appellant

Corporation submitted that the learned Tribunal has erred in

holding the income of the deceased to the tune of Rs.15,000/-

per annum and consequently in assessing the dependency

compensation on the said income. Shri Bagul further argued

that once the pecuniary damages of Rs.75,000/- were granted

by the Tribunal, the Tribunal should not have granted further

sum of Rs.75,000/- under the head of pain and suffering.

Learned Counsel, therefore, submitted that the compensation

amount awarded by the Tribunal is unreasonable. Learned

Counsel has, therefore, prayed for modification of the award.

5. Shri G.R.Syed, learned Counsel appearing for the

original claimants, supported the award passed by the Tribunal.

6. After having considered the submissions advanced

by the learned Counsel appearing for the respective parties, the

only issue which arises for my determination is whether the -

4 FA NO.1554 OF 2011

compensation awarded by the Tribunal vide the impugned

award can be said to be unreasonable.

7. After having considered the arguments advanced by

the learned Counsel appearing for the respective parties and on

going through the record of the case, it does not appear to me

that the trial Court has committed any error in awarding the

compensation of Rs.3,75,000/- in total. In so far as the

contention of the appellant Corporation that the aspect on the

contributory negligence was not considered by the Tribunal, the

discussion made in the judgment shows that the Tribunal has

recorded elaborate reasons for rejecting the defense raised by

the appellant Corporation alleging contributory negligence on

the part of the deceased. I do not find any perversity or

incorrectness in the finding recorded by the Tribunal. In so far

as the other aspect as regards award of pecuniary damages and

damages towards pain and suffering is concerned, the

submission made by the learned Counsel appearing for the

appellant Corporation that damages can be awarded only under

one head; either towards loss of pain or suffering. or under the

head of future prospects, is wholly unacceptable. Thus, on

both the counts, the appellant Corporation has not made out

any case to warrant any interference in the impugned judgment

5 FA NO.1554 OF 2011

and award. The Tribunal has recorded sound reasons while

arriving at the quantum of compensation and I do not see any

reason to cause any interference in the finding recorded by the

Tribunal or in the quantum of compensation arrived at. The

appeal being devoid of any substance, stands dismissed.

8. It will be open for the claimants to withdraw the

amount of compensation deposited by the appellant Corporation

after a period of four weeks.

(P.R.BORA) JUDGE

...

AGP/1554-11fa