Anil Narayanrao Maharanwar vs Uttam Bhima Kondawar And Ors
2021 Latest Caselaw 16551 Bom

                                                      First Appeal No.248/2009
                                      :: 1 ::



           IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                               BENCH AT AURANGABAD


                        FIRST APPEAL NO.248 OF 2009


 Anil s/o Narayanrao Maharanwar
 Age 45 years, Occu. Agri.,
 R/o Shantinagar, Degloor,
 Tq. Degloor, District Nanded                        ... APPELLANT

          VERSUS

 1.       Uttam s/o Bhima Kondawar,
          Age major, Occu. Transport Business &
          Owner of Tempo No.MH-24/8647,
          R/o Karadkhed, Tq. Degloor,
          District Nanded.

 2.       The Divisional Manager,
          The United India Insurance Co. Ltd.,
          Shri Guru Govindsingh Road, Nanded,
          Tq. & Dist. Nanded (Market Road),
          Upper Side of Bombay Machinery,
          Nanded, Tq. & Dist. Nanded.       ... RESPONDENTS

                             .......
 Shri R.M. Kanakdande, Advocate with
 Shri K.M. Nagarkar, Advocate for appellant
 Shri V.R. Mundada, Advocate for respondent No.2.
                             .......

                                  CORAM :       R. G. AVACHAT, J.
                                  DATE :        30th NOVEMBER, 2021
 JUDGMENT :

This is claimant's appeal for enhancement of

compensation awarded by the Motor Accident Claims Tribunal

on account of injuries and permanent disability suffered in

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vehicular accident.

2. Heard. The appellant suffered 30% disability in

the nature of fracture of the ribs 1 to 8 right side with

henithmic, fracture of the radius at the jaintia lower one third

to one third, with disruption of lower radio ulnar joint, fracture

of the superior and inferior pubic rami of right side of the

pelvic and suffered 30% disability. He incurred medical

expenditure amounting to Rs.1,45,000/-. The Tribunal, after

considering the evidence in the matter, awarded a sum of

Rs.2,20,000/- as compensation with interest @ 7% p.a.

3. The learned counsel for the appellant/ claimant

would submit that, the appellant was agriculturist by

profession. He was driver as well. Due to nature of injuries

and permanent disability, there is substantial decrease in his

earning capacity. The Tribunal has not awarded any

compensation on this count. A very meagre amount is

awarded towards pain and sufferings and other heads as well.

He, therefore, urged for enhancement of compensation.

4. The learned counsel for the respondent Insurance

Company would, on the other hand, submit that, the amount

First Appeal No.248/2009 :: 3 ::

of compensation is just and reasonable. No interference is,

therefore, warranted. There is no evidence to indicate loss of

earning capacity.

5. Considered the submissions advanced. Perused

the evidence in the matter. The appellant suffered 30% of

disability in the nature as stated above. He was indoor

patient for over 15 days. He took treatment in Apollo Hospital

at Hyderabad. Admittedly, he incurred medical expenditure

worth Rs.1,45,000/-. The same indicates seriousness of the

injuries suffered by him. The Tribunal awarded the

compensation under various heads as under :

1 Re-imbursement of medical expenditure Rs.1,45,000/- 2 Travelling Expenses Rs.3,000/-

  3     Special Diet                                               Rs.2,000/-
  4     Attendant                                                  Rs.5,000/-
  5     Pain and Sufferings                                       Rs.15,000/-
  6     Loss of Income                                             Rs.4,500/-
  7     Loss of enjoyment of life                                  Rs.4,000/-
  8     S.T.D. (Telephone Bills)                                    Rs.500/-

6. This Court is inclined to enhance the amount of

compensation, since the medical expenditure incurred by the

appellant itself indicates severity of nature of injuries suffered

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by the appellant. This Court is, therefore, inclined to enhance

the compensation under the following heads as under :

  1     Pain and Sufferings                                           20,000/-
  2     Loss of Income                                                15,000/-
        (Period of not less than 6 months)
  3     Special Diet                                                  10,000/-
  4     Attendance, conveyance and loss of enjoyment                  15,000/-
        of life
                                       Total enhancement :-           60,000/-

7. The appeal, therefore, succeeds in terms of the

following order :

ORDER

(I) The appeal is partly allowed.

(II) The amount of of compensation awarded by the

Tribunal is enhanced from Rs.2,20,000/- to

Rs.2,80,000/-. The amount of enhanced

compensation of Rs.60,000/- shall carry interest @

5% p.a. from the date of claim petition to the date

of payment.

( R. G. AVACHAT ) JUDGE

fmp/-