FA-2528-2009.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD

FIRST APPEAL NO. 2528 OF 2009

1.

Namdeo Bhagwan Marewar

(Died) through his Legal heirs

1.

Sudhabai w/o Namdeo Marewar,

Age: 58 years, Occu: Household,

2.

Balaji s/o Namdeo Marewar

Age: 39 years, Occu. Business,

3.

Suresh s/o Namdeo Marewar,

Age: 37 years, Occu. Business,

4.

Manoj S/o Namdeo Marewar

Age: 35 years, Occu: Business,

No. 1 to 4 R/o Hawagiswami Math,

Udgir, Tq. Udgir, Dist. Latur

5.

Sow. Anjali W/o Ashokrao Nalawad,

Age: 32 years, Occu: Household,

Nanded, Tq. & Dist. Nanded

… Appellants

(Orig. Claimants)

Versus

1.

Shivraj Dhondiram Ibitwar

Age: 42 years, Occu: Business (Auto owner)

R/o Halli, Tq. Udgir, Dist. Latur

2.

Balaji Sangram Shivane

Age: 38 years, Occu: Driver

R/o Shekapur, Tq. Udgir, Dist. Latur

3.

Vithal S/o Baburao Sonwane

Age: 32 years, Occu: Business,

(Jeep Owner), R/o Wagholi,

Tq. Chakur, Dist. Latur

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4.

Shivraj S/o Manikrao Kendre

Age: 28 years, Occu: Driver,

R/o Wadgaon (Halli), Tq. Udgir,

Dist. Latur

5.

The New India Assurance Co. Ltd.,

Through its Branch Office,

Latur

… Respondents

(Orig. Respondents)

.…

Mr. R. K. Ashtekar, Advocate for appellants

Mr. V. P. Golewar, Advocate for respondent No.1

Mr. V. D. Gunale, Advocate for respondent No.2

Mr. A. R. Shirsat Advocate h/f Mr. J. M. Murkute, Advocate for

respondent No.4

Mr. M. M. Ambhore, Advocate for respondent No.5

.…

CORAM : R. G. AVACHAT, J.

RESERVED ON : 20^th DECEMBER, 2021

PRONOUNCED ON : 22^nd FEBRUARY, 2022

J U D G M E N T :-

.

This is an appeal for enhancement of compensation

granted on account of injuries and permanent disability suffered in

an accident involving motor vehicles. The Motor Accident Claims

Tribunal, Udgir (Tribunal), vide his judgment and award dated

25.07.2005, passed in Motor Accident Claim Petition (Petition)

No.8/2003 (Old No.101/2001), has granted a sum of Rs.1,00,000/-

(inclusive of N.F.L. amount) with 6% p.a. interest thereon.

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2.

Feeling aggrieved and dissatisfied with the quantum of

compensation, the legal representatives of the injured (since

deceased) have preferred this appeal for enhancement.

3.

The facts giving rise to the present appeal are as follows:

The injured (deceased) - Namdeo was proceeding on his

Luna (moped). It was about 7.00 p.m. on 15.02.2000, he took a turn

to Jai Jawan Chowk at Udgir. A Bajaj Minidor (vehicle) MH-24-A-

9416 knocked him down. A Jeep MH-24-C-0965, passing therefrom,

hit the injured. As such, it was an accident involving two offending

vehicles. On due investigation, the drivers of both the vehicles were

proceeded against. The Tribunal has saddled the owners of both the

vehicles and their insurance companies with the liability to pay

compensation. The same is not under challenge.

4.

Heard learned Advocates for the parties. Gone through

the evidence relied on. Perused the impugned judgment and award.

The accident took place on 15.02.2000. The disability certificate

Exh.38 indicates the injured to have had suffered head injury.

Permanent brain damage resulted right side paralysis of body. The

disability was assessed at 50%.

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5.

In proof of the nature of injuries and the disability, no

Medical Officer was examined. It appears that disability certificate

was admitted in evidence as it is. Be that as it may.

6.

The petition for compensation was filed by the injured

himself in February 2001. The injured claimant died in 2005. His

legal representatives therefore came on record to pursue the claim

petition. The son (Suresh) of the injured (deceased) gave his

evidence on oath. He has unequivocally admitted that his father

(injured) did not die due to the injuries sustained in the accident.

7.

The medical bills amounting to Rs.85,023/- were placed

on record. Some receipts worth Rs.4046/- were placed on record to

suggest expenditure for special diet. One receipt of Rs.931/- was

produced in evidence towards