The New India Assurance Company ... vs Dinkar Dayaram Patil And Anr
2021 Latest Caselaw 14869 Bom

                                                                        12-FA.42-2006.odt


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                      FIRST APPEAL NO.42 OF 2006

The New India Assurance Company Ltd.                             ..Appellant

                Vs.

1. Dinkar Dayaram Patil
2. Maharashtra State Co-op. Agriculture
   and Rural Development Bank Ltd.,
   Jalgaon Branch                                                ..Respondents

                                 ----
Mr.S.G.Chapalgaonkar, Advocate for appellant
Mr.M.L.Sangit, Advocate for respondent no.1
                                 ----

                                    CORAM : R.G. AVACHAT, J.

DATE : OCTOBER 11, 2021 ORDER :-

The challenge is to the quantum of compensation awarded

by the Motor Accident Claims Tribunal, Jalgaon in Motor Accident Claim

Petition No.359 of 1998.

2. The claimant was a teacher drawing salary of Rs.8,000/-

per month. He met with an accident and suffered multiple injuries in

the nature of fracture, dislocation of right hip, dislocation of right

supraclavicular with CSF rhinorrhea right, etc. The claimant had

incurred medical expenditure close to Rs.70,000/-. He was confined in

doors for a couple of months.

2 12-FA.42-2006

3. The Tribunal, after assessing the entire evidence, has

granted a sum of Rs.2,50,000/- as compensation. It may appear

that the compensation is little bit on higher side. Over 15 years

have passed after the impugned award was passed. The claimant

appears to have received 50% of the amount under the impugned

award.

4. In totality of the circumstances, this Court is not inclined

to interfere with the impugned judgment and award. In the result,

the appeal fails. The same is dismissed.

5. The amount in deposit with this Court or the Tribunal be

paid to the claimants along with interest accrued thereon.

[R.G. AVACHAT, J.]

KBP