United India Insurance Company ... vs Shailabai Kishor Chaudhari And ...
2022 Latest Caselaw 11913 Bom

                                                                             FA-2192-11.odt




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                          FIRST APPEAL NO. 2192 OF 2011

United India Insurance Co. Ltd.,
Through its Divisional Officer,
Division No.1, Jalgaon                                    ..APPELLANT
      VERSUS
Shailabai Kishor Chaudhari and Another                    ..RESPONDENTS

                                       ....
Mr. A.S. Usmanpurkar, Advocate for appellant
Mr. S.S. Patil, A.P.P. for respondent no.1
                                       ....

                                             CORAM : R.G. AVACHAT, J.

DATE : 21st NOVEMBER, 2022

PER COURT :

1. This is an appeal under Section 173 of the Motor Vehicles Act,

1988. The challenge herein is to a judgment and award dated 29 th January,

2011 passed by the Motor Accident Claims Tribunal, Dhule ('Tribunal') in

Motor Accident Claims Petition No. 562 of 2008. Vide the impugned

judgment and award, a sum of Rs.1,75,000/- has been awarded to

Respondent No.1 as compensation on account of injuries and permanent

disability suffered in an accident involving motor vehicle. The challenge in

this appeal is only to the quantum of compensation awarded.

2. Learned counsel for the appellant - insurance company would

submit that Respondent No.1 - claimant was a housewife. The Tribunal

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FA-2192-11.odt

erred in assuming her income notionally. There is no evidence to indicate

loss of her earning capacity and even permanent disability as well. According

to learned counsel, the amount of compensation awarded is very much on

higher side. He, therefore, urged for reducing it substantially.

3. Learned counsel for Respondent No.1 would, on the other hand,

submit that just and reasonable compensation has been awarded. He

ultimately urged for dismissal of the appeal.

4. Considered the submissions advanced. Perused the evidence

relied on. A taxi, bearing no. MH-19-J-1775, knocked down Respondent

No.1 - claimant. The disability certificate (Exh.37) indicates the respondent

to have suffered 35% of disability. There is on record hospital bill amounting

to Rs.18,075/- besides medicine bills. Respondent No.1 - claimant was about

twenty-eight years of age when she met with the accident. The Tribunal

considered her income at Rs.3,000/- per month notionally. Deducted 1/3 rd

therefrom towards expenditure of herself. Multiplier of sixteen was applied

for working out loss of income. After having gone through the impugned

judgment and award, this Court finds the Tribunal to have not made any

error in working out the amount of compensation, Respondent No.1 -

claimant was entitled to.

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FA-2192-11.odt

5. This Court, therefore, finds no merit in the present appeal. First

appeal, therefore, fails. Same is dismissed. The amount of compensation, if

any, in deposit with this Court be paid to Respondent No.1 - claimant

immediately with interest accrued thereon.

( R.G. AVACHAT, J. ) SSD

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