Chandabai Shantilal Gandhi vs National Insurance Co Ltd. And Anr
2021 Latest Caselaw 16727 Bom

                                                                           8-FA.827.09.odt


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                             FIRST APPEAL NO.827 OF 2009

Chandabai w/o. Shantilal Gandhi,
Age : 60 years, Occ. Nil,
r/o. 2/B-53 B, Khote Nagar,
Jalgaon                                                          ..Appellant

                Vs.

1.      National Insurance Company Ltd.,
        299, Baliram Peth,
        Jalgaon

2.      The Chief Officer/Commissioner,
        Municipal Council/Municipal Corporation,
        Jalgaon                                                  ..Respondents

                                   ----
Mr.V.Y.Patil, Advocate for appellant
Mr.A.B.Gatne, Advocate for respondent no.1
                                   ----

                                    CORAM : R.G. AVACHAT, J.

DATE : DECEMBER 02, 2021 ORAL JUDGMENT :-

Heard.

2. This is an appeal for enhancement of compensation

granted by Motor Accident Claims Tribunal, Jalgaon, in Motor Accident

Claim Petition No.364 of 2002, on account of injuries and permanent

disability suffered in vehicular accident.

2 8-FA.827.09

3. Learned counsel for the appellant/claimant would submit

that the appellant was indoor patient for not less than four months.

She suffered three fractures, underwent operation and incurred

medical expenditure amounting to Rs.2,70,000/-. The appellant is

still unable to squat and undertake daily pursuits. Learned counsel,

therefore, urged for substantial enhancement in the amount of

compensation.

4. Learned counsel for the respondent/insurance company

would, on the other hand, submit that the amount granted is just

and reasonable and therefore, no interference is warranted

therewith.

5. It appears to be a case of 25% disability as a result of

the injuries suffered in the vehicular accident. There is no evidence

to indicate the loss of earning capacity. The Tribunal has granted

reimbursement of medical expenditure on the basis of the medical

bills. It appears that a reasonable amount of compensation worth

Rs.1,23,687/- has been awarded. It, however, appears that under

some conventional heads, nothing has been awarded, such as,

special diet, attendance charges, conveyance, etc. In the fitness of

things, granting a consolidated sum of Rs.60,000/- more, would

meet the ends of justice.

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6. In the result, the appeal succeeds in terms of the

following order:-

(i)                The appeal is allowed.


(ii)               The amount of compensation is enhanced by Rs.60,000/-

(Rupees Sixty Thousand) with interest at the rate of 6% per annum from the date of the claim petition till the date of payment thereof.

(iii) The amount shall be deposited with the Tribunal at Jalgaon. On deposit of the amount, the same be paid to the claimant.

(iv) The amount in deposit, if any, with this Court or the Tribunal, be paid to the claimants with interest accrued thereon.

[R.G. AVACHAT, J.]

KBP