Bombay High Court
Tarachand Shivlal Pardeshi vs Eknath Bandu Sonavane And Anr on 23 May, 2017
Bench: C.V. Bhadang
rsk 219-FA-291-04.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO.291 OF 2004
Tarachand Shivlal Pardeshi ..Applicant
Vs.
Eknath Bandu Sonavane & Anr. ..Respondents
Mr. Chintan Shah i/b Mr. Sandesh D. Patil for the Applicant.
None for the Respondents.
CORAM: C. V. BHADANG, J.
DATE: May 23, 2017.
ORAL JUDGMENT:
1) By this appeal, the Appellant, (original claimant), is
seeking enhancement of compensation. The Motor Accident Claims
Tribunal ('Tribunal', for short) has granted compensation of
Rs.59,450/- along with interest at 6 % p.a.
2. The Appellant claims to have suffered fracture to the right
hand and suffered permanent partial disability to the extent of 10%.
The Appellant was working as a fitter and was earning Rs.3,500
p.m. A certificate (Exh.32) from the employer M/s. Janak
Engineering was produced before the Tribunal. The Tribunal refused
to place reliance on the said certificate on the ground that the
Proprietor of M/s. Janak Engineering, was not examined. The
Tribunal further noticed that even going by the said certificate the
Appellant was earning maximum of Rs.2,500/-p.m.
rsk 219-FA-291-04.doc
3. The Tribunal has noted that in the absence of evidence on
the count of the wages earned, a notional income of Rs.15,000/-per
annum i.e. 1250 p.m. has to be taken. The Tribunal applied 12 as
the multiplier. The Tribunal awarded Rs.5,185/- as expenses
incurred on the treatment, in the hospital and Rs.2,015, as expenses
for purchase of medicines. These two claims are granted as claimed
by the Appellant. In so far as the traveling expenses are concerned,
the Tribunal has granted Rs.1,000/- against a claim of Rs.2500/-
The Tribunal awarded Rs.15,000/- towards compensation for mental
pain and suffering against the claim of Rs.25,000/- The appellant
had made a claim of Rs.20,000 towards expenses for future
treatment however the Appellate Tribunal awarded Rs.10,000/-
towards "constant pain and suffering" and refused to award any
compensation on the actual loss of income for two years. The
Tribunal found that there is no evidence to show that the Appellant
was jobless for a period of 2 years. The Tribunal also awarded one
month's wages for the period during which the Appellant was
hospitalized. Thus, the Tribunal arrived at a total compensation of
Rs.59,450/-.
4. The learned counsel for the Appellant submits that the
Tribunal ought to have reckoned the monthly wages atleast at
Rs.2,500/- as shown in the certificate (Exh.32). The Tribunal ought
to have applied multiplier of 17 and ought to have awarded
compensation under the head of actual loss of earning for two years.
Lastly, it is submitted that the interest is awarded at a lower rate.
rsk 219-FA-291-04.doc
5. None appears for the Respondent.
6. I have carefully considered the submissions and gone
through the record.
7. Under the provisions of the Motor Vehicles Act, the
Tribunal is required to assess and grant just and reasonable
compensation. Strict rules of procedure or evidence do not apply to
proceedings before the Tribunal.
8. As noticed earlier, the Tribunal has awarded Rs.5,185/-as
expenses incurred on the treatment in the hospital and Rs.2,015/- as
expenses for purchase of medicines. Both these claims are granted as
claimed by the appellant. In so far as the travelling expenses are
concerned, the Tribunal has awarded Rs.1000/- against a claim of
Rs.2,500/-. I find that the appellant was residing at Bhivandi and
was taking treatment in the hospital at Mumbai and considering the
over all circumstances claim of Rs.2,500/- towards travelling
expenses cannot be said to be unreasonable. Thus, I am inclined to
grant said expenses of Rs.2,500/-. Here there would be an increase
of Rs.1000/- in the total compensation awarded. The compensation
awarded by the Tribunal is Rs.59,450/-i.e. Rs.60,000/-. Together
with increase of Rs.1000/- in the compensation towards expenses on
conveyance, the compensation would come to Rs.61,000/-. The
Tribunal has not awarded any compensation towards the actual loss
of earning for the period of treatment. Even considering the modest
rsk 219-FA-291-04.doc
monthly income Rs.2000/- and the nature of injuries, compensation
for two months i.e. Rs.4000/- can be awarded towards actual loss of
earning. It is well settled that assessment of compensation involves
certain amount of reasonable guess work which is inevitable.
Considering the over all circumstances I find that a compensation of
Rs.65,000/- would be just and reasonable. In the result, the appeal
is partly allowed. The impugned award is modfied to the extent that
the compensation payable would be Rs.65,000/-. The rest of the
award including the interest awarded is maintained. In the
circumstances, there shall be no order as to costs.
(C. V. BHADANG, J.)
