Partly allowed

Shri Azim Mohamad Khalfe. v. Noormahamad G. Belim and Ors.

Bombay HC13 Apr 2005FA/1346/1996

Case brief

AI extract

What is this about?

In a motor accident claim appeal, the High Court held the Tribunal erred by failing to consider the appellant's lost future earnings. The Court modified the Tribunal's award, raising general damages to cover potential earnings over the next decade.

What did the court decide?

General damages enhanced to Rs. 3,10,480/-; compensation on other heads remains the same; rest of the Tribunal's order stands.

Shri Azim Mohamad Khalfe. Vs Noormahamad G… — Civil Procedure and Limitation | Bombay HC (2005)

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 CIVIL APPELLATE JURISDICTION

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FIRST APPEAL NO. 1346 OF 1996

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 Azim Mahamad Khalfe ..Appellant

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 versus

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 1. Noormamad G. Belim
 2. M. I. Pathan

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 3. National insurance Co. Ltd.

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 4. Narayan S. More
 5. Maharashtra State Road
 Transport Corporation at
 Ratnagiri ..Respondents

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 Mr. S. M. Kazi for the Appellant.

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 Mr. G. S. Hegde with Lokesh for the Respondents.
 Appeal against Respondent No.1 and 2 dismissed vide
 Additional Registrar’s order dated 31.8.1999.

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 CORAM : D. G. DESHPANDE,J.

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 DATE : 29TH APRIL,2005

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ORAL ORDER :

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 1. Heard advocate for the appellant and Mr.
 Hegde for respondents MSRTC, however MSRTC is
 exonerated from the liability. Therefore appeal is
 mainly against other respondents, who are served but

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 nobody is present for them. Appeal against
 Respondent Nos. 1 and 2 is dismissed vide
 Additional Registrar’s order dated 31.8.1999.

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 2. Appellant was a claimant in claim petition
 before the MACT, Ratnagiri. He was travelling on
 the fateful day when in the bus of MSRTC he met with
 an accident on 11.8.1993 and in that accident apart
 from the other injuries, he lost both of his eyes.
 He was 28 years of age at the relevant time and was
 serving as a peon in Konkan Mercantile Co-operative
 Bank Ltd. Chiplun and was drawing salary of
 Rs.3,148.25 per month as per salary certificate
 Exhibit 46. Tribunal awarded him Rs.34,441.76 by
 way of special damages i.e. for medical expenses
 incurred, Rs.25,000/- for mental and physical agony
 and Rs.1,85,000/- only as and by way of general
 damages.

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 3. Counsel for the appellant contended that if
 the appellant was 28 years of age, he would have
 served up to the age of 58-60 years and since he has
 lost his service, that aspect has not been properly
 considered by the Tribunal.

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 4. In my opinion, even if the entire remaining
 life span of the appellant could not be considered,
 at least his earning for next 10 years should have

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 been considered, that comes to Rs.3,10,480/- and
 that much amount should have been awarded by way of
 general damages. No reasoning is given by the
 Tribunal for awarding him only Rs.1,85,000/- towards
 general damages. Therefore, this appeal is required
 to be allowed.

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ORDER

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 . Appeal is partly allowed.

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 . Order of the Tribunal is modified.
 Appellant - claimant will be entitled to total
 amount of Rs.3,10,480/- by way of general damages.
 Compensation awarded on other heads to remain the
 same. Rest of the order of the tribunal to remain

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 as it is.

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 29.04.2005 (D.G. DESHPANDE, J.)

Shri Azim Mohamad Khalfe. v. Noormahamad G. Belim and Ors.

Case brief

What is this about?

What did the court decide?

Shri Azim Mohamad Khalfe. v. Noormahamad G. Belim and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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