Dismissed

Shri Shaikh Ahmed Shaikh Mohammad v. Maharashtra State Road Transport Corpn.,Bombay

Bombay HC13 Dec 2005FA/486/1990

Case brief

AI extract

What is this about?

The High Court of Bombay, on appeal under Article 133 of the Constitution, dismissed the appellant's request to enhance compensation awarded for death in a motor accident. The court held that the appellant failed to provide material establishing permanent disability and distinguished the cited apex court decision on facts.

What the court decided

AI extract

Shri Shaikh Ahmed Shaikh Mohammad Vs Maharashtra State… — Motor Accident Claims | Bombay HC (2005)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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APPELLATE CIVIL JURISDICTION

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FIRST APPEAL NO. 486 OF 1990

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Shaikh Ahmed Shaikh Mohamed.)..Appellant.
Versus
1) Maharashtra State Road)
Transport Corporation,Bombay.)
2) Nabi Chand Shaikh)
3) Rambilas Jagannathji Bajaj. )
4) The New India Assurance Co. )
Ltd., Solapur.....)...Respondents.

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Mr. D. Lonkar with Mr. S.D.Thokade for Appellant.
Mr. K.M.Lokesh with Mr.G.S.Hegde for Respondents.

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CORAM : ANOOP V. MOHTA, J.
DATED : 13TH DECEMBER, 2005.

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P. C.:

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This is an appeal filed by the appellant /
original petitioner whereby challenge has been made to
the order dated 6th October, 1987 passed by the Motor
Accident Claims Tribunal, Solapur (for short
"Tribunal") in Motor Accident Claims Petition No.3 of
1985 and basically prayed for an enhancement

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of

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compensation on the ground that the petitioner had
suffered permanent disability in the accident in
question. Heard learned advocate for both the
parties. Perused the record.

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2. The appellant is unable to point out any material
on the record to justify his case of permanent
disability. We have gone through the record and there
is nothing which can be borne out from the record that
he was permanently disabled as contended.

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3. Reliance on the Apex Court decision in Dr. K. G.

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Poovaiah v/s General Manager / Managing Director,
Karnataka State Road Transport Corporation ((2001) 9
SCC 167) in no way supports the case of the appellant
as the facts of that case are totally distinct and
distinguishable as in that case the Apex Court has
considered the permanent disability of the claimant.
Based on the material available on the record, the
Apex court has passed the order and granted multiplier
as prayed therein. In the present case in absence of
material, no relief whatsoever can be granted to the
appellant.

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4. The reasoning given by the court, therefore,
cannot be said to be perverse or unreasonable and/or
contrary to the record. Having taken note of above, I
am of the view that there is no case made out by the
appellant to interfere with the order passed by the
Tribunal. The compensation as awarded in the facts
and circumstances is just, fair and reasonable.

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5. In the result, the appeal is dismissed. There
shall be no order as to costs.

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Sd/-

Shri Shaikh Ahmed Shaikh Mohammad v. Maharashtra State Road Transport Corpn.,Bombay

Case brief

What is this about?

What the court decided

Shri Shaikh Ahmed Shaikh Mohammad v. Maharashtra State Road Transport Corpn.,Bombay

Case brief

What is this about?

What the court decided

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