Anil Narayanrao Maharanwar v. Uttam Bhima Kondawar And ORS

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD FIRST APPEAL NO.248 OF 2009 Anil s/o Narayanrao Maharanwar Age 45 years, Occu. Agri., R/o Shantinagar, Degloor, Tq. Degloor, District Nanded ... APPELLANT

VERSUS

1.

Uttam s/o Bhima Kondawar, Age major, Occu. Transport Business & Owner of Tempo No.MH-24/8647, R/o Karadkhed, Tq. Degloor, District Nanded.

2.

The Divisional Manager, The United India Insurance Co. Ltd., Shri Guru Govindsingh Road, Nanded, Tq. & Dist. Nanded (Market Road), Upper Side of Bombay Machinery, Nanded, Tq. & Dist. Nanded.

... RESPONDENTS .......

Shri R.M. Kanakdande, Advocate with Shri K.M. Nagarkar, Advocate for appellant Shri V.R. Mundada, Advocate for respondent No.2. .......

CORAM :

R. G. AVACHAT, J.

DATE :

30th NOVEMBER, 2021 JUDGMENT :

This is claimant's appeal for enhancement of compensation awarded by the Motor Accident Claims Tribunal on account of injuries and permanent disability suffered in

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vehicular accident.

2.

Heard. The appellant suffered 30% disability in the nature of fracture of the ribs 1 to 8 right side with henithmic, fracture of the radius at the jaintia lower one third to one third, with disruption of lower radio ulnar joint, fracture of the superior and inferior pubic rami of right side of the pelvic and suffered 30% disability. He incurred medical expenditure amounting to Rs.1,45,000/-. The Tribunal, after considering the evidence in the matter, awarded a sum of Rs.2,20,000/- as compensation with interest @ 7% p.a. 3.

The learned counsel for the appellant/ claimant would submit that, the appellant was agriculturist by profession. He was driver as well. Due to nature of injuries and permanent disability, there is substantial decrease in his earning capacity. The Tribunal has not awarded any compensation on this count. A very meagre amount is awarded towards pain and sufferings and other heads as well. He, therefore, urged for enhancement of compensation. 4.

The learned counsel for the respondent Insurance Company would, on the other hand, submit that, the amount

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of compensation is just and reasonable. No interference is, therefore, warranted. There is no evidence to indicate loss of earning capacity.

5.

Considered the submissions advanced. Perused the evidence in the matter. The appellant suffered 30% of disability in the nature as stated above. He was indoor patient for over 15 days. He took treatment in Apollo Hospital at Hyderabad. Admittedly, he incurred medical expenditure worth Rs.1,45,000/-. The same indicates seriousness of the injuries suffered by him. The Tribunal awarded the compensation under various heads as under :

Re-imbursement of medical expenditure Rs.1,45,000/- Travelling Expenses Rs.3,000/- Special Diet Rs.2,000/- Attendant Rs.5,000/- Pain and Sufferings Rs.15,000/- Loss of Income Rs.4,500/- Loss of enjoyment of life Rs.4,000/- S.T.D. (Telephone Bills) Rs.500/- 6.

This Court is inclined to enhance the amount of compensation, since the medical expenditure incurred by the appellant itself indicates severity of nature of injuries suffered

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by the appellant. This Court is, therefore, inclined to enhance the compensation under the following heads as under : Pain and Sufferings 20,000/- Loss of Income (Period of not less than 6 months) 15,000/- Special Diet 10,000/- Attendance, conveyance and loss of enjoyment of life 15,000/- Total enhancement :- 60,000/- 7.

The appeal, therefore, succeeds in terms of the following order :

O R D E R

(I) The appeal is partly allowed.

(II) The amount of of compensation awarded by the Tribunal is enhanced from Rs.2,20,000/- to Rs.2,80,000/-.

The amount of enhanced compensation of Rs.60,000/- shall carry interest @ 5% p.a. from the date of claim petition to the date of payment.

( R. G. AVACHAT ) JUDGE fmp/-