In an oral order, a Single Judge enhanced the compensation payable for a motor accident death from Rs.25,000/- to Rs.89,000/-, dismissing arguments regarding the unauthorized passenger status of the deceased.
Respondents to pay Rs.89,000/- with 9% interest from the date of filing application and costs before the Tribunal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 477 OF 1999
Jabubai Tatya Gosavi ..Appellant
versus
Bhagwan Ganpat Wategaonkar
& Ors. ..Respondents
Mr. S. Banavadikar i/b. R.V. More for the
Appellant.
Mr. V. B.Rajure for the Respondent No.2.
Mr. D. L. Mahadik i/b. S. R. Singh for the
Respondent No.3.
CORAM : D. G. DESHPANDE,J.
DATE : 12TH APRIL,2005
ORAL ORDER :
1. Heard learned Advocates for the parties.
2. This appeal is filed by the Appellant -
Original Applicant No.2 for enhancement of
compensation where nine years old child met with an
accident. The appellant has claimed Rs.89,000/-
only as compensation. The Tribunal awarded only
Rs.25,000/- for loss of love, affection and mental
suffering etc. For enhancement of the compensation
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the present appeal is filed.
3. Counsel for the insurance company strongly
contended that he was an unauthorised passenger and
Insurance Company is not liable to pay. There is no
cross appeal by the insurance company. Therefore
now the court cannot go into that aspect of the
matter. Awarding compensation at Rs.25,000/- that
too inclusive of no fault liability is totally
inadequate and improper. In fact Rs.25,000/- is to
be granted only for loss of love and affection and
therefore claim of Rs.89,000/- is perfectly
justified.
4. Counsel for the Insurance company also urged
that the owner is exonerated improperly by the
Tribunal. The owner has been joined in this appeal,
if the driver could be held liable and responsible
and also the insurance company was made liable then
the owner should have been also made liable.
Therefore, I pass the following order :
ORDER
. Appeal is partly allowed.
. Respondents jointly and severally to pay
Rs.89,000/- with 9% interest from the date of filing
of application and costs before the Tribunal. No
order as to costs in this appeal.
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12.04.2005 (D.G. DESHPANDE, J.)
2 issues framed by the court
Whether the compensation awarded of Rs.25,000/- was inadequate and liable to be enhanced to Rs.89,000/-.
Whether the owner can be exonerated while holding the driver and insurance company liable.
Jabubai Tatya Gosavi
Bhagwan Ganpat Wategaonkar
D. G. DESHPANDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court