Bombay High Court
Vishwanath Govinda Charkhod vs Garoba Ramkisan Lahane And ... on 5 April, 2016
Bench: Ravi K. Deshpande
fa511.04.J.odt 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL NO.511 OF 2004
Vishwanath s/o Govinda Charkhod,
Aged about 43 years,
Occ: Labourer,
R/o at Post Dhanora,
Tq. Mangrulpir, Dist. Washim. ....... APPELLANT
...V E R S U S...
1] Goroba s/o Ramkisan Lahane,
C/o Depot Manager, M.S.R.T.C.,
Hingoli Depot, Hingoli,
Tq. & Dist. Akola.
2] Divisional Controller,
M.S.R.T.C., Parbhani,
Dist. Parbhani. ....... RESPONDENTS
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Shri C.A. Joshi, Advocate for Appellant.
Shri A.S. Mehadia, Advocate for Respondent No.1.
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CORAM: R.K. DESHPANDE, J.
th APRIL, 2016.
DATE: 5
ORAL JUDGMENT
1] In Motor Accident Claim Petition No.269 of 1999 the
Tribunal has awarded total compensation of Rs.1,69,000/- inclusive of
no fault liability along with interest at the rate of 9% per annum from
the date of filing of petition till its realization. The present appeal is
preferred by the claimant seeking further enhancement of compensation.
fa511.04.J.odt 2/3
2] The deceased was aged about 45 years, and according to the
learned counsel for the claimants the appropriate multiplier should have
been applied by the Court was 14, whereas actually it was the multiplier
of 12, which was applied. He further claims that on account of pain and
suffering the Court should have awarded compensation of Rs.75,000/-
and for loss of amenities further compensation of Rs.75,000/-.
The reliance is placed upon the decision of the Apex Court in case of
Laxman Alias Laxman Mourya v. Divisional Manager, Oriental Insurance
Company Limited and another reported in (2011) 10 SCC 756.
3] The point for determination is whether the claimant is
entitled to further enhancement of compensation?
4] The Tribunal has determined the loss of income of
Rs.1000/- per month, and for 12 months it is worked to Rs.12,000/-
which fact was not disputed. Since the deceased was below the age of 40
years, the multiplier appropriate would be of 14, and hence, the total
dependency of Rs.1,68,000/-. The medical expenses awarded by the
Tribunal of Rs.4000/- added would make to Rs.1,72,000/-. In terms of
the decision of the Apex Court cited supra, the claimant would be further
entitled to compensation for pain, suffering and trauma as a result of
accident, and loss of amenities inclusive loss of prospects of marriage.
In the present case, there is imputation of one hand, as a result of the
fa511.04.J.odt 3/3
accident in question which is to be considered as permanent disability to
the extent of 50%. Hence, the claimant would be entitled to
compensation of Rs.75,000/- for the pain and suffering and further
Rs.75,000/- on account of the loss of amenities. Thus, the total
compensation comes to Rs.3,22,000/-. The trial court has awarded the
compensation of Rs.1,69,000/- which will have to be deducted from it.
5] In the result, the appeal is allowed. The claimant is entitled
to total compensation of Rs.3,22,000/- along with inclusive of no fault
liability along with interest at the rate of 9% per annum from the date of
filing of the petition till its realization. The amount already paid to the
claimant shall be deducted from the total amount payable to the
claimant. No costs.
JUDGE
NSN
