Bombay High Court
Bhaskar Shaligram Wankhade Akola vs Vitthal Wamanrao Sarode & 2 Others on 5 April, 2016
Bench: Ravi K. Deshpande
1 fa.592.04.jud
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL NO.592 OF 2004
Appellant : Bhaskar Shaligram Wankhade
Aged about 34 years, Occ. Nil,
R/o Kolasa, Tq. Balapur, Distt. Akola.
-- Versus --
Respondents : 1] Vitthal Wamanrao Sarode,
ig Adult, Occ. Driver,
R/o Kolasa, Tq. Balapur, Distt. Akola.
2] R.S. Choudhari,
Appeal is dismissed in default against
Respondent No.2, as per Registrar (J) Adult, Occ. Owner,
order dated 12/06/2013. R/o Babhulgaon, Tq. and Distt. Akola.
3] National Insurance Company Limited,
through Divisional Manager,
Opp. Open Air Theatre, M.G. Road, Akola,
Tq. and Distt. Akola.
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Mrs. J.J. Alkari, Adv. h/f Shri S.V. Sohoni, Adv. for the Appellant.
Smt. Smita Deshpande, Advocate for Respondent No.3.
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CORAM : R.K. DESHPANDE, J.
DATE : APRIL 5, 2016
ORAL JUDGMENT :-
01] In Motor Accident Claim Petition No.65 of 2001, filed under
Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as
'the Act' for the sake of brevity), the Tribunal has awarded compensation
2 fa.592.04.jud
of Rs.42,200/- inclusive of 'no fault liability' of Rs.25,000/- along with
the interest at the rate of 9% per annum from the date of filing of the
petition till its realization on account of the injury caused to the
claimant resulting from the accident in question, which occurred on
24/04/2000.
02]
This appeal is filed by the original claimant for
enhancement of compensation to Rs.5,00,000/-.
03] The points for determination is, Whether the claimant is
entitled to further enhancement of compensation?
04] It is not in dispute that as a result of accident in question,
the claimant has suffered an injury and permanent disablement is
assessed to 12%. The certificate at Exh.29 is produced on record in
support of it and the Doctor, who has also been examined, has proved
the same. Exh.28 is the Discharge Card showing the injury suffered by
the claimant. The offending vehicle was validly insured on the date of
accident and the policy of the insurance is at Exh.26. It was not the
claim either made in the petition or even in the oral evidence of the
3 fa.592.04.jud
claimant that a steel rod was fitted in the left leg of the claimant, which
was fractured. Neither the evidence of the Doctor nor the evidence in
the form of certificate or discharge card indicate any such fact. The
claim on this count is, therefore, not substantiated.
05] The income of the deceased considered by the Tribunal was
of Rs.100/- per day. The Tribunal has not believed it, but has considered
the income of labourer working in the field as Rs.60/- per day as on the
date of accident i.e. on 24/04/2000. The monthly income of the
claimant is assessed at Rs.1,500/-. Considering 12% permanent
disability, the Tribunal has awarded Rs.1,200/- per annum towards loss
suffered and applying a multiplier of 16, the future loss of income is
assessed at Rs.19,200/- per annum. The Tribunal has awarded
Rs.3000/- on account of pain suffered and Rs.5,000/- for loss of
amenities in life. The Tribunal has also awarded the expenses of
attending at Rs.6,000/- and thus, the total compensation award is
Rs.342,200/-.
06] The learned Counsel for the appellant has urged that the
Court has not compensated the claimant for the expenses incurred.
4 fa.592.04.jud
07] I have gone through the cross-examination of the claimant,
wherein he has stated that there is no documentary evidence to show
that he was required to spent an amount Rs.25,000/- on stay,
attendance, medicines, conveyance diet etc. No bills for the expenses
incurred are placed on record.
08]
In view of above, there is no claim made out for
enhancement of compensation. Hence, the appeal is dismissed. No
costs.
JUDGE
*sdw
