Bombay High Court
State Of Maharashtra vs Suresh Fattesing Vasave on 5 August, 2024
2024:BHC-AUG:18619
1
191.03FA
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
217 FIRST APPEAL NO. 191 OF 2003
The State of Maharashtra
Through Executive Engineer,
Minor Irrigation Division,
Irrigation Office, Third Floor,
Infront of Kumarnagar, Sakri road,
Dhule. .. APPELLANT
VERSUS
Suresh Fattesing Vasave,
Age 40 yrs, Occu. Police Head Constable,
Head Writer, Molgi Police Station,
Akkalkuwa, Tq.Taloda, Dist.Dhule. .. RESPONDENT
...
Adv.A.S.Mantri, AGP for the appellant-State
Mr.Sagar A. Raut, Advocate holding for Mr.N.L.Chaudhari,
Advocate for the respondent.
...
CORAM : ARUN R. PEDNEKER, J.
DATE : 07.08.2024
P.C. :
1] By the present First Appeal, the appellant-State
is challenging the judgment and order dated 14.03.2000
passed by the Motor Accident Claims Tribunal, Dhule in
191.03FA
MACP No.526 of 1995, thereby granting compensation of
Rs.75,000/- to the claimant towards injury.
Brief facts leading to filing the present Appeal
can be summarized as under :
2] The respondent - claimant, namely, Suresh
Fattesing Vasave was working as Police Head Constable. At
the time of accident, claimant - respondent himself, one
Vinayak M.Nikumbh, Dilwarsing M. Mali and Vijay H. Salve
were on patrolling duty and they were proceedings in Jeep
bearing No. MH-18/B-0013 owned by the petitioner. At that
time the driver of the said Jeep was driving the Jeep in a
rash and negligent manner and due to which the said jeep
turtled down into a ditch. Due to said accident, the claimant
sustained injuries to his right hand and the claimant has
sustained 35% permanent disability.
3] On consideration of the evidence on record, the
Tribunal has held that the driver of the vehicle bearing No.
MH-18-B-0013 was negligent in driving the Jeep and
accordingly met with an accident in which the claimant has
sustained injuries. At the relevant time it was noticed that
191.03FA
the claimant was hospitalized and he was out of job for a
period four months. Accordingly, he was granted
compensation computed by considering his income of
Rs.3,000/- per month and granted Rs.12,000/- towards the
loss of earning for four months. The Tribunal has granted
further compensation to the claimant of Rs.15,000/-
towards medical expenses and considering 35% disability
of the claimant, the Tribunal has granted compensation of
Rs.40,000/- for future loss.
4] The learned AGP submits that the claimant was
on leave for the period of four months and without
considering the said aspect, the Tribunal has granted
compensation of Rs.12,000/- towards loss of income to the
claimant. The learned AGP further submits that the Tribunal
ought not to have granted Rs.40,000/- to the claimant
towards future loss. The learned AGP submits that although
the vehicle is in the name of the Executive Engineer, at the
relevant time the vehicle was in possession of different
authority. Considering the said fact, the learned AGP
submits that the present First Appeal may be dismissed.
191.03FA
5] It is to be noted that the claimant at the
relevant time was working as Police Head Constable and the
claimant has sustained injuries to his right hand. Due to the
accident, the claimant has sustained 35% permanent
disability. Considering the said fact, the Tribunal has
granted compensation of Rs.40,000/- towards future loss
and Rs.12,000/- for loss of earning during leave period.
Considering that only Rs.40,000/- is granted towards future
prospect, I would not interfere with the grant of
Rs.12,000/- for loss of income during leave period. Hence,
there is no error in the impugned judgment and order dated
14.03.2000 passed by the Motor Accident Claims Tribunal,
Dhule in MACP No.526 of 1995. The present First Appeal is
dismissed.
6] In view of dismissal of the First Appeal, pending
Civil Application, if any, does not survive and the same
stands disposed of accordingly.
[ARUN R. PEDNEKER]
JUDGE
DDC
