Radheshyam Ghanshyam Shinde vs Bhanudas Sudam Kharat And Ors
2022 Latest Caselaw 11916 Bom

                                                                               FA-747-03.odt




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         BENCH AT AURANGABAD

                          FIRST APPEAL NO. 747 OF 2003
                                      WITH
                       CIVIL APPLICATION NO. 5935 OF 2007

Radheshyam Ghanshyam Shinde                                ..APPELLANT
      VERSUS
Bhanudas Sudam Kharat and Others                           ..RESPONDENTS

                                     ....
Mr. D.R. Jaybhar, Advocate for appellant
Mr. S.S. Dargad, Advocate h/f Mr. S.G. Chapalgaonkar, Advocate for
respondent nos. 1 and 2
Mr. A.S. Deshpande, Advocate for respondent no.3
                                     ....

                                              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 appellant herein is the original claimant in Motor Accident Claim

Petition No. 392 of 1999. He preferred the said petition for compensation on

account of injuries and permanent disability suffered in an accident involving

the motor vehicle. The Motor Accident Claims Tribunal, Beed ('Tribunal')

vide it's judgment and award dated 18 th October, 2002 partly allowed the

petition granting the appellant compensation of Rs.2,00,000/- with 9% p.a.

interest thereon. The amount of compensation was directed to be paid by the

respondent - insurance company and the driver and owner of the vehicle

involved in the accident.

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2.           The appellant - original claimant, having been not satisfied with

the quantum of compensation awarded under the impugned award, has

preferred this appeal for enhancement of compensation.



3.           Admittedly, none of the respondents has challenged the impugned

award. As such, the question involved in this appeal is as to whether the

appellant is entitled for enhancement of compensation.



4.           Admittedly, the appellant suffered 20% of the permanent

disability. His disability certificate (Exh.80) indicates him to have suffered

post traumatic anterior bowing of left tibia fibula, with shortening left lower

limb with restricted ankle movements resulting in 20% disability in him. The

appellant was serving with Telco Co., Pune. The Tribunal found him to be

entitled to compensation amounting to Rs.5,29,906/-. The Tribunal, however

awarded a sum of Rs.2,00,000/- since the claim was restricted to that much

amount. In view of the Tribunal, break-up of the compensation awardable to

the appellant was as under :-

      (i)    Towards hospitalisation, medicare and other          Rs.34,106/-
             related items;
      (ii)   Towards loss of earning for four months i.e.         Rs.42,000/-
             during treatment period/pecuniary loss;
      (iii) Towards future economic loss;                       Rs.4,48,800/-
      (iv) Towards pains, sufferings, mental agonies, etc.          Rs.5,000/-
                                                     Total :- Rs.5,29,906/-




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5.          Since, under the impugned award a sum of Rs.2,00,000/- has

been awarded, the same has attained finality so far as respondents are

concerned. They are not expected to challenge the findings recorded by the

tribunal. Before this Court, learned counsel for the appellant submitted that

the appellant had lost his job due to nature of the injuries suffered. There is,

however no evidence in that regard. It, however appears that loss of future

earning capacity has not been considered.



6.          After having gone through the evidence in the matter and the

nature of injuries suffered by the appellant, this Court finds him to be entitled

to a sum of Rs.1,00,000/- more than one awarded under the impugned

award. In the result, the appeal partly succeeds. Hence, the following order :-


                                             ORDER

(i) First appeal is partly allowed.

(ii) The amount of compensation awarded by the Motor Accident Claims Tribunal, Beed vide judgment and award dated 18th October, 2002 is enhanced from Rs.2,00,000/- to Rs.3,00,000/-.

(iii) The enhanced amount of compensation shall carry interest @ 5% p.a. from the date of claim petition to the date of payment of the amount.

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FA-747-03.odt

(iv) If the amount is deposited with this Court, the same shall be paid to the appellant/original claimant immediately with interest, if any, accrued thereon.

(v) Civil application stands disposed of accordingly.

( R.G. AVACHAT, J. ) SSD

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