Deelip Shrirang Gundap vs Babubhai Bhaichand Patela And Anr
2017 Latest Caselaw 1962 Bom

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                                                              43 FIRST APPEAL 529 OF 2002.odt


               THE HIGH COURT OF JUDICATURE AT BOMBAY,
                        BENCH AT AURANGABAD.


                            FIRST APPEAL NO. 529 OF 2002

Deelip S/o Shrirang Gundap,
Aged 26 years, Occu. Nil,
R/o C/o Babasaheb Jamge,
New Mondha, Gangakhed,
District Parbhani.                                       ... APPELLANT
                                                        (Original Claimant)

                   V E R S U S

1.         Babubhai S/o Bhaichand Patel,
           Bhandu Galli Belgum,
           Dist. Belgum,
           (Karnataka State) Pin Code 590006.

2.         Manager,
           National Insurance Co. Ltd.,
           Branch Belgum, Tq. and District
           Belgum, (Karnataka State)
           Pin Code 590 006.                             ... RESPONDENTS
                                                        (Original Respondents)

                                    ...
Mr. S. V. Warad, Advocate for Appellant.
                                    ...

                                             CORAM  : V. K. JADHAV, J.
                                             DATE     :  24th April, 2017.


ORAL JUDGMENT: 
 
.                  Being aggrieved by the judgment and award passed by

the learned Member of the Motor Accident Claims Tribunal, Parbhani




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                                                                43 FIRST APPEAL 529 OF 2002.odt


dated   30th  March,   2001   in   MACP   No.224   of   1997,   the   original

Claimant   has   preferred   this   appeal   to   the   extent   of   quantum   of

compensation. 



2                 The learned counsel for the Appellant / original Claimant

submits   that   though   the   Tribunal   has   considered   the   permanent

disablement  sustained   by  the  Claimant  and  observed  that  the  said

permanent   disablement   has   affected   the   earning   capacity   of   the

Claimant   to   the   extent   of   50%,   while   calculating   the   quantum   of

compensation,   erroneously   applied   the   multiplier   16   instead   of   18.

The learned counsel submits that the  driving licence of Appellant /

Claimant is produced on record and the same is marked as Exhibit 21

wherein the date of birth is mentioned as 1st  January, 1977 and as

such, the Claimant was 18 years of age on the date of accident. 



3                 None appears for Respondent Nos.1 and 2 though duly

served.



4                 On   perusal   of   the   judgment   and   award   passed   by   the

Tribunal most particularly para 17, it appears that even though the

driving   licence   of   the   Appellant   /   Claimant   is   produced   on   record




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                                                             43 FIRST APPEAL 529 OF 2002.odt


marked as Exhibit 21 wherein his date of birth is mentioned as 1st

January, 1977, the Tribunal has erroneously applied the multiplier 16

instead of 18.  The learned counsel for the Appellant / Claimant has

restricted his submissions to that extent only.   So far as the finding

recorded by the Tribunal to the extent of negligence on the part of the

Claimant at 50% and further loss of earning capacity to the extent of

50%,   the   learned   counsel   for   the   Appellant   /   Claimant   has   not

disputed the same.  



5                 It appears from the observations of the Tribunal in para 17

of the judgment that the learned Member of the Tribunal has wrongly

applied   multiplier   16   instead   of   18.     The   learned   Member   of   the

Tribunal  has considered  the monthly loss of income  to the tune of

Rs.750/-.  If multiplier 18 is applied then the compensation under the

head of loss of future income comes to Rs.1,62,000/-.   The learned

Member   of   the   Tribunal   has   awarded   just   and   reasonable

compensation under the other heads.  In view of the same, the total

compensation   worked   out   at   Rs.2,12,000/-   and   the   Appellant   /

Claimant is entitled to the extent of 50% of the same and as such, the

Claimant   is   entitled   for   the   total   compensation   of   Rs.1,06,000/-.




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                                                                  43 FIRST APPEAL 529 OF 2002.odt


Consequently,   the   judgment   and   award   passed   by   the   Tribunal

requires modification.  Hence, the following order:


                                       O R D E R

I. The appeal, is hereby partly allowed with

proportionate costs.

II. The judgment and award passed by the learned

Member of the Motor Accident Claims Tribunal,

Parbhani dated 30th March, 2001 in MACP No.224

of 1997, is hereby modified in the following manner:

"Respondent Nos.1 and 2 do jointly and severally pay Rs.1,06,000/- (Rupees One Lac and Six Thousand Only) as compensation on the principle of fault to the Claimant with interest at the rate of 9% per annum from the date of petition i.e. 18th August, 1997 till realization of the entire amount."

III. Rest of the judgment and award stands confirmed.

IV. Award be drawn up as per the above modification.

43 FIRST APPEAL 529 OF 2002.odt

V. Needless to say that if any amount is paid as per the

judgment and award passed by the Tribunal, the

same shall be the part of the above modified award.

VI. The appeal is accordingly disposed of.

[ V. K. JADHAV, J. ] ndm