Partly allowed

Smt. Akkatai S. Bhore v. M.S.R.T.C. Depatt. and Ors.

Bombay HC13 Apr 2005FA/261/1997

Case brief

AI extract

What is this about?

An oral order in a civil appeal where the High Court held that the Tribunal's compensation of Rs. 7,500 was inadequate compared to similar cases and modified it to Rs. 25,000. The Court also applied a Supreme Court precedent to reduce the interest rate to 9% per annum.

What did the court decide?

The respondents to pay Rs.25,000/- to the appellant with interest at the rate of 9% p.a.

Smt. Akkatai S. Bhore Vs M.S.R.T.C. Depatt. and Ors. — Motor Accident Claims | 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.261 OF 1997.

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 Akkatai Sadashiv Bhore : Appellant.

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 versus
 M.S.R.T.C. Depot, Kurundwad

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 Depot, Satara & ors. : Respondents.

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 Mr.Nitin Mhatre i/by A.K.Abhyankar for the
 appellant.

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 Mr.Lokesh i/by G.S.Hegade for the respondent No.1

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CORAM : D.G.DESHPANDE,J.

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 DATED : 13th APRIL 2005.

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ORAL ORDER

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 1. Heard advocates for the

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 appellant/claimant and respondent No.1. The

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 appellant was one of the passengers of the bus.
 There was an accident between the bus and jeep.
 The appellant, who was sitting behind the seat of

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 the driver, sustained injury to her head. The
 Doctor examined her. Issued a certificate to the
 effect that "Clinically & Radiologically the
 appellant was having compression fracture of T12
 vertebral body i.e. thoracolumbar spondylosis
 and she is having permanent disability of 10%".

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 2. However in spite of the aforesaid injury
 the tribunal awarded compensation of Rs.7,500/-
 only, whereas to the other injured who had
 received injury to his elbow in claim Petition
 NO.396/89 the tribunal awarded compensation of
 Rs.17,500/-. The approach of the tribunal does

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 not appear to be proper, so far as the amount of
 compensation to the present appellant is
 concerned. In the circumstances, the
 appellant/claimant will be entitled to

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 Rs.25,000/-. Hence the order :-

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 3. So far as interest part is concerned, the
 the advocate for the respondent No.1 relied upon
 the judgment of Supreme Court reported in 2001
 ACJ 428 [Kaushnuma Begum and others v. New India
 Assurance Co. Ltd. and others] wherein it has
 been held by the Supreme Court that with a change
 in economy the banks have lowered the rates of

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 interest on fixed deposits. In that case also
 earlier 12% interest was awarded by the tribunal
 but the Supreme Court reduced it to 9%. In view
 of this judgment of the Supreme Court, the rate
 of interest has to be reduced and it should be 9%
 p.a. Hence the order:_-

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 :ORDER:

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 The appeal is partly allowed.

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 The respondents to pay Rs.25,000/- to the
 appellant with interest at the rate of 9%
 p.a.

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 [D.G.DESHPANDE]

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 13/04/2005 JUDGE.

Smt. Akkatai S. Bhore v. M.S.R.T.C. Depatt. and Ors.

Case brief

What is this about?

What did the court decide?

Smt. Akkatai S. Bhore v. M.S.R.T.C. Depatt. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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