Revati Abhijeet Khurd v. Mumtax Ahmed Khan And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.345 OF 2004

1. Mrs.Revati Abhujeet Khurd Since deceased Thr. Her heris and legal representative } } } 1A. Shri.Abhijeet Sharad Khurd Age-44 years, Occupation : Service } }

2. Kumari Damini Abhjeet Khurd Age-19 years, Occupation : Education, R/at 27, Samruddhi, Saikrupa Housing Society, Shridharnagar, Dhankawadi, Pune-411 043.

(Amended as per Court's Order dated 3/8/2016, passed in CAST No.14030/16) } } } } } } } ....Appellants (Heirs and Lrs of Original Appellant) by NILAM SANTOSH KAMBLE Date: 2024.02.03 10:20:22 +0530 NILAM SANTOSH KAMBLE

Versus

1. Mumtax Ahmed Khan, Occupation : Business At Vashi Petroleum Centre, Sector No.9, New Mumbai.

} } } }

2. Oriental Insurance Co. Ltd.

54, Progress House, Pune Mumbai Road, Shivajinagar, Pune } } } ....Respondents (Original Opponents) ---- Shri.Uday B. Nighot, for the Appellants.

Ms.Poonam Mital, for Respondent No.2.

---- CORAM : SHIVKUMAR DIGE, J.

DATE : 18th JANUARY 2024 N.S. Kamble page 1 of 6

ORAL JUDGMENT :- .

By way of this Appeal, the Appellant's-Claimant's is seeking enhancement of the compensation.

2.

It is contention of the learned counsel for the Appellant's-Claimant's that, the Claimant has suffered 50% permanent physical disability due to accidental injuries. Two doctors were examined to prove disability of the Claimant. At the time of the accident Claimant was working as a Telephone Operator-Cum-Typist in Worldwide Oilfield Machine Private Limited Company and was getting Rs.3,000/- per month as a salary, but the Tribunal has awarded compensation of Rs.10,000/- by way of token, which is not proper. The learned counsel further submitted that, the Tribunal has awarded compensation on lower side under other heads. The learned counsel further submitted that, future prospects are not awarded, it be awarded. Hence, requested to allow the Appeal.

3.

It is contention of the learned counsel for the Respondent-Insurance Company that, the Tribunal has N.S. Kamble page 2 of 6

considered all the aspects and on that basis judgment and award is passed, hence, no interference is required in it. 4.

I have heard both learned counsel. Perused judgment and order passed by the Motor Accident Claims Tribunal ('The Tribunal' for short), Pune.

5.

It is Claimant's case that, due to accidental injuries the Claimant has suffered 50% permanent disability. To prove the disability the Claimant's have examined P.W.-2 Dr.Sandeep Parkh. He has stated that due to head injuries caused in accident to the Applicant, her brain was affected and still she is taking treatment. The certificate is at Exhibit-47. This certificate shows that, the Claimant is suffering from memory lapses and judgmental lapses, due to which she is unable to carry on any official business. To support the Claimant's case the Claimant has examined P.W.-3 Dr.Ravindra Lokhokare. He has stated that, the Claimant is physically handicapped due to the injuries and haemorrhagic contusion at right temporoparietal area, multiple abrasions on face, and contused lacerated wounds on both knees. He further stated that the Claimant has suffered 50% permanent N.S. Kamble page 3 of 6

disability.

6.

It is Claimant's case that, Claimant was working as Telephone Operator Cum Typist in Worldwide Oilfield Machine Private Limited Company and she was getting salary of Rs.3,000/- per month. To prove the income of the Claimant PW1 Abhijit husband of the Claimant is examined, he has produced the letter of company showing salary of the Claimant, which is at Exhibit-21. Considering the evidence on record the Tribunal has observed that, the Claimant is entitled to get compensation of Rs.10,000/- by way of token. I am unable to understand the observations of the Tribunal as it has come on record that, the Claimant has suffered 50% permanent physical disability. She has lost her job and she is unable to do any work. The Claimant has suffered memory lapses and judgmental lapses. It has come on record that, the Claimant was getting salary of Rs.

3,000/- per month. Hence, I am considering the salary of the Claimant at Rs.3,000/- per month. She is entitled for future prospects. The Tribunal has awarded amount of Rs.20,000/- for pain and suffering. Considering the nature of disability of the Claimant, I N.S.

am considering it Rs.1 lakh. The Tribunal has awarded Rs.5,000/- for conveyance, I am considering at Rs.25,000/-. The Tribunal has considered Rs.5,000/- for special diet, I am considering Rs.25,000/-. The Tribunal has awarded Rs.10,000/- for loss of amenities in life. I am considering it Rs.1 lakh. 7.

Considering above calculation's the Claimants are entitled for following compensation.

Particulars Amount Monthly Income Rs.3,000.00 40% Future Prospects Rs.1,200.00 Total Monthly Income Rs.4,200.00 Annual Income Rs.4200 x 12 Rs.50,400.00 Rs.50,400 X 17 (Multiplier) Rs.8,56,800.00 Permanent Disability 50% Rs.1,50,000.00 Medical Expenses Rs.1,17,000.00 Pain and Suffering Rs,1,00,000.00 Conveyance Rs.25,000.00 Special Diet Rs.25,000.00 Loss of amenities Rs.1,00,000.00 Total compensation Rs.13,73,000.00 Less Compensation awarded by the (-)Rs.2,17,273.00 Tribunal Enhanced Compensation Rs.11,55,727.00 N.S. Kamble page 5 of 6

8.

In view of above, I pass following order.

ORDER

(i) The Appeal is allowed.

(ii) The Claimants are entitled for enhanced amount of Rs.11,55,727/- @ 7.5% per annum from the date of the filing of Claim Petition till realization of the amount.

(iii) The Respondent-Insurance Company shall deposit enhanced amount alongwith interest within eight weeks after receipt of this order.

(iv) The Claimants are permitted to withdraw the deposited amount alongwith interest.

(v) All pending Civil and Interim Applications are disposed of.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 6 of 6