Advocates:
['RAJENDRA K TEMKAR', 'P K JOSHI', '', 'A R SALVE', 'R/ DISMISSED', 'MUKESH K GOYANKA']

1

749.04FA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

FIRST APPEAL NO. 749 OF 2004

Amir Gulab Sayyed

Age : 31 years, Occ : Nil,

R/o Walki, Tq. Ahmednagar,

Dist. Ahmednagar.

.

..APPELLANT

(Original Claimant)

VERSUS

1.

Natha Mahadu Jadhav

Age : 44 years, Occ : Driver,

R/o Tarakpur Depot,

S.T. Stand, Nagar Depot.

(Appeal dismissed against

Respondent No.1 vide Registrar’s

order dated 10.10.2006)

2.

The Maharashtra State Road

Transport Corporation,

(Summons to be served on the

Depot Manager, M.S.R.T.C.

Ahmednagar).

.

..RESPONDENTS

( Original respondents)

…

Advocate for Appellant : Mr.R.K. Temkar

Advocate for Respondent No.2 : Mr. Manoj Shinde h/f Mr.

M.K. Goyanka

...

CORAM : S.G.DIGE, J.

RESERVED ON : 27.09.2022

PRONOUNCED ON : 19.10.2022

JUDGMENT :

By this appeal, the appellant is seeking

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749.04FA

enhancement of compensation.

2.

Brief facts of the case are as under :-

On 5^th September, 1996 at about 8 a.m. the

appellant (for short, “the claimant”) along with brother-in-

law were coming on the bicycle from Kedgaon to

Ahmednagar. When they reached near Kinetic Chowk, one

S.T. Bus bearing No.MH-12-2609 came from opposite site

and gave severe dash to the bicycle of the claimant. Due to

the said dash, the claimant and his brother-in-law sustained

serious injuries. Offence was registered against Bus driver.

3.

The claimant filed Claim Petition before the

Motor Accident Claims Tribunal, Ahmednagar (for short,

“the Tribunal”) for getting compensation. The Tribunal has

passed the judgment and order, which is under challenge in

this appeal.

4.

It is the contention of the learned counsel for

the appellant that the Tribunal has awarded lumsum

compensation of Rs.1,65,000/- when the claimant has

sustained 50% disability. Neither future prospects are

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749.04FA

awarded nor multiplier is applied while awarding the

compensation. The compensation awarded under non-

pecuniary heads are on lower side. Hence requested to

allow the appeal.

5.

It is the contention of the learned counsel for

the respondent 2 that the claimant was doing work of

Mason, on that basis the compensation is awarded. While

awarding the compensation, the Tribunal has considered all

the aspects. The Tribunal has passed the well reasoned

order and has granted proper compensation. Hence no

interference is required in it.

6.

I have heard both the learned counsel. Perused

the judgment and order passed by the Tribunal.

7.

The issue involved in this appeal is

compensation awarded by the Tribunal is on lower side.

8.

Admittedly, the claimant has sustained 50%

permanent disability due to the said accident. The disability

certificate is at Exhibit-31. The Tribunal has considered the

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749.04FA

notional income of the claimant at Rs.3,000/- per month.

The Tribunal has awarded lumsum amount of

Rs.1,65,000/-. In my view, as per the view of the Hon’ble

Apex Court in the case of National Insurance Company

Limited Vs. Pranay Sethi and others reported in (2017) 16

SCC 680, the claimant is entitle for 40% future prospects as

he was 25 years of age at the time of accident. No multiplier

is applied while calculating the compensation. As per the

view of the Hon’ble Apex Court in the case of Sarla Verma

(Smt) and others Vs. Delhi Transport Corporation and

another reported in (2009) 6 SCC 121, in the present case,

the multiplier of 18 is applicable.

9.

It appears from the record that the claimant was

admitted in the hospital for 86 days. However, Rs.10,000/-

was given for attendance charges, it should be Rs.30,000/-.

Rs.10,000/- is given for diet, it should be Rs.40,000/-.

Rs.10,000/- is given for pains and suffering, I am

considering it to Rs.50,000/-. The Tribunal has considered

Rs.52,000/- for medical bills, I am considering the same as

it is.

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749.04FA

10.

In view of the above calculations, the appellant/

claimant is entitle to receive the following compensation :-

Heads

Compensation

1.

Notional income

:

Rs