Ravindra Bhaskarrao Awasarmol vs M/S. Transport Corporation Of ...
2017 Latest Caselaw 4963 Bom

                                         1                          FA 2925/2016

        IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                   BENCH AT AURANGABAD


                       FIRST APPEAL NO.2925 OF 2016

  Ravindra s/o Bhaskarrao Awasarmol
  Age: 35 Yrs., occu. Law Practitioner
  R/0 430, Eknath Nagar,
  Osmanpura, Aurangabad.                 =    APPELLANT
                                        (orig.claimant)

           VERSUS

  1)       M/s Transport Corporation of 
           India Ltd. 69, Institutional
           area, Section 32, Gurgaon,
           Haryana State.

  2)       Bhagwat s/o Gangadharrao Gavhane
           Age: Major, occ. Driver,
           R/o Ashta, Tq. Bhum,
           District Osmanabad.

  3)       National Insurance Company Ltd.
           Through its Divisional Manager,
           Divisional Office at Station
           Road, Aurangabad.            =    RESPONDENTS 
                                        (orig. opponents)
                               -----
  Mr.Babasaheb V.Dhage, Advocate for Appellant;
  Mr. SV Natu, Adv. For Resp.No.1;
  Mr.NS Shah, Adv. For Respondent No.2;
  Mr.SN Pagare, Adv. For Resp.No.3.
                          -----
                               CORAM :  P.R.BORA, J.

DATE :

24 th

July,2017.

ORAL JUDGMENT:

1) Heard. Present appeal is filed, seeking

enhancement in the amount of compensation, as

2 FA 2925/2016

awarded by the Motor Accident Claims Tribunal

(hereinafter referred to as the Tribunal) in MACP

No. 580/2008. The Tribunal has awarded the total

compensation of Rs.1,09,706/-, the bifurcation of

which is indicated as under, -

a) Pains and agony - Rs.50,000/-

b) Medical expenses - - Rs.44,706/-

           c)      Loss of future
                   happiness                - Rs.10,000/-
           d)      Shortening of life 
                   time                     - Rs. 5,000/-
                                          _____________
                                    Total Rs.1,09,706/-
                                          _____________

  2)               Shri   Dhage,   learned   Counsel   appearing 

  for   the   claimant,   submitted   that     the   Tribunal 

has erred in not considering the injuries caused

to the appellant and the permanent disablement

suffered by him. The learned Counsel submitted

that the Tribunal has awarded unjust and improper

amount of compensation towards loss of pains. The

learned Counsel submitted that having regard to

the age of the injured and the work he was

carrying out, the Tribunal must have awarded the

appellant the compensation of Rs.1,00,000/-.

                                      3                         FA 2925/2016



  3)               In   light   of   the   submissions   made   as 

above, I perused the evidence and documents filed

on record. It is apparently revealed that

whatever amount of compensation has been awarded

by the Tribunal, is just and proper in the facts

and circumstances of the case. As has been

observed by the Tribunal, there was absolutely no

evidence showing that any functional disability

has been incurred by the claimant. As such, the

compensation awarded by the Tribunal, appears to

be just and adequate. I do not see any reason to

cause any interference in the judgment and award

passed by the Tribunal. The appeal being devoid

of any substance deserves to be dismissed and is

accordingly dismissed. Pending civil

application, if any, stands disposed of.

(P.R.BORA) JUDGE bdv/