SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2013 Supreme(Bom) 772

A.H.JOSHI
New India Assurance Co. Ltd. – Appellant
Versus
Aslam Ajgarali Makrani – Respondent


Advocate Appeared:
For the Appellant:S.M. Dange, Advocate.
For the Respondents:R1, T.J. Mendon with Keker Tavakkuli, Advocates.

Judgment :

1] This first appeal is taken up for final disposal by consent of the parties.

2] In the Motor Accident Claims Tribunal, Mumbai, the learned Tribunal awarded the compensation under various heads as follows:

3] The challenge in appeal is restricted by the appellant to Rs.9,00,000/- The heads of compensation under challenge are:-

Loss of future income Rs. 2,00,000.00

Future medical treatment Rs. 7,20,000.00

4] Ground of challenge in relation to award of compensation for enabling the claimant to meet the recurring / future medical treatment, which reads as follows:

“(d) The Ld. Judge has wrongly awarded Rs.7,20,000/- to the Respondent No. 1 under “Future Medical Treatment.” There is no sufficient evidence to that effect. The treating doctor has stated that the patient was spending about Rs.15,000/- per year on the treatment, in his exam-in-chief. The Ld. Judge ought to have confined to that figure only.”

(copied from page no.3 of memo of appeal)

5] The ground of challenge in relation to award of loss of future income, reads as follows:

“(f) The Ld. Judge wrongly awarded Rs.2 lakhs towards loss of future income, when there was none. The Claimant has himself admitted in th



















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top