Bombay High Court
Mangaldas Onkardas Rathi, Akola vs Gopal Pralhadrao Tratak & 5 Others on 7 March, 2016
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
FIRST APPEAL NO. 407 OF 2002
Mangaldas Onkardas Rathi,
aged about 47 years, Occ. Teacher,
R/o. Shelu Bazar, Tq. Mangrulpir,
Distt. Akola.. APPELLANTS
...VERSUS...
1]
Gopal Pralhadrao Tratak,
aged about 27 years, Occ. Cultivator
and business, R/o. Shelu Bazar,
Tq. Mangrulpir, Distt. Akola.
2] Gajanan Shaligram Ingole,
aged about 30 years, Occ. Driver,
R/o. Pedgaon, Tq. Mangrulpir,
Distt. Washim.
3] The Oriental Insurance Co. Ltd.,
having its Branch Office at Akola,
Tq. And Distt. Akola..
4] Nawaz Khan Gulab Khan
(deleted).
5] Dhondiram Ranoba Dandge,
aged about 44 yeas, Occ. Driver,
R/o. Dongargaon, Tq. Sillod,
Distt. Aurangabad
(dead) (through L.Rs.)
i] Bababai wd/o Dhondiram Dandge,
aged 40 years, Occ. Household work
ii] Navnath Dhondiram Dandge,
aged 8 years, Occ. Student, minor
through natural guardian mother
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Smt. Bababai wd/o Dhondiram Dandge,
Occ. Household Work,
Both R/o. Dongargaon, Tq. Sillod,
Distt. Aurangabad.
6] The Oriental Insruance Co. Ltd.,
having its Branch Office at
Aurangabad, Tq. And Distt.
Aurangabad . RESPONDENTS
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Shri C.A.Joshi, Advocate for appellant.
None for respondents.
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CORAM: R. K. DESHPANDE, J.
DATE : 8 th
MARCH, 2016 .
ORAL JUDGMENT
1] The Motor Accident Claims Tribunal has passed
an award on 19.04.2002 in M.A.C.P. No. 188 of 1998,
granting compensation of Rs.1,38,200/- to the claimant for
41% permanent disability suffered by him on account of the
accident in question. The Tribunal has awarded interest at
the rate of 9% per annum from the date of filing of the petition
i.e. 03.08.1998 till its realization.
2] The total claim of the claimant before the
Tribunal was for an amount of Rs.4,00,000/- with interest.
The computation of the claim is on the basis of salary of
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Rs.5,200/- per month plus Rs.1000/- which is the income per
month received from the agricultural land, Rs.65,000/- spent
on the medicines, other expenses regarding travelling etc., of
Rs.55,000/-, and on account of mental agony, pain and
suffering an amount of Rs.50,000/- was claimed. The
Tribunal has awarded Rs.65,000/- towards the expenses on
the basis of the bills for medicines produced on record and
an amount of Rs.18,000/- for transportation on the basis of
bills so produced.
3] The learned counsel for the appellant relying
upon the decision of the Apex Court in case of Jakir Hussein
vrs. Sabir and others reported in 2016(1) Mh.L.J 151 has
urged that the Tribunal has to award compensation on
account of loss of future income due to disability, loss of
income during the period of treatment, pain and sufferings,
medical expenses, attendance charges during the period of
treatment, transportation charges, special diet/nutrition,
permanent disability/loss of amenity, happiness and
enjoyment of life and future medical expenses. According to
him, several of these heads have been ignored by the
Tribunal in awarding the compensation.
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4] The point for determination is;
Whether the claimant is entitled to
enhancement of compensation over and
above one which is granted by the
Tribunal?
5] The learned counsel for the appellant could not
point of any evidence on record including even a bare
statement on the part of claimant that he derived any income
from the agricultural field. Merely because 7/12 extract is
produced, that by itself is not enough to show that the
claimant was earning an amount of Rs.1,000/- per month out
of agricultural operations. The Tribunal has taken into
consideration the monthly salary of the claimant at
Rs.5,200/-, which has not been disputed.
6] On account of medical expenses, the bills were
produced at Exhs. 38 and 43 showing that Rs.65,000/- have
been spent for purchase of medicines and that is granted by
the Tribunal. Out of Rs.55,000/- claimed towards expenses
for travelling by jeep for routine check up, the Tribunal has
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awarded an amount of Rs.18,000/-, which is proved by
producing the bills. On account of mental agony, pain and
sufferings, an amount of Rs.50,000/- has been awarded and
there is no other claim made in the petition. In view of this, I
do not find any fault in the view taken by the Tribunal and
the claimant has failed to establish the claim for
enhancement of compensation.
In the result, the first appeal is dismissed. No
order as to costs.
JUDGE
Rvjalit
