Appeal filed challenging the quantum of compensation awarded in motor accident claims under sections 110-A and 92-A of the Motor Vehicles Act, 1939. The court examined the Tribunal award for medical, conveyance, and loss of income.
Appeal dismissed with no orders as to costs against the third respondent.
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.1006 OF 1996
Tukaram Mallu Malme Appllant versus 1. Sudhir Shivappa Pujari, 2. Shriramk Gopal Kanitkar, 3. United India Insurance Company, Sangli Respondents
Mr.M.A.Patil, advocate for the appellant. Mr.M.G.Barve, advocate for respondent no.3.
CORAM : A.S.OKA, J.
DATE : 07th December 2009
JUDGEMENT :-
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quantum of compensation.
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account of pain and sufferings is reasonable. As far as loss of income is concerned, the learned Member of the Tribunal noted that the appellant continued to be in the employment even after the accident. The learned Member noted that the appellant was not paid salary for the months of March-1987, April-1987 and August-1987. The total pay of the appellant from May-1987 to December-1987 was in the range of Rs.1,450/- to Rs. 1,619/-. The learned Member has noted that the salary sheet showed that for February-1987 the gross salary of the appellant was Rs.1,036/-. Therefore, on account of loss of salary, the learned Member awarded a sum of Rs.3,400/-. The learned Member recorded a finding that the appellant continued to be in service and was drawing total monthly emoluments of Rs.2,301/-. The learned Member, therefore, disbelieved the case of the appellant as regards loss of the income in future. That is how the learned Judge has arrived at total amount of Rs.10,603/-.
(A.S.OKA, J.)
Kondvilkar
2 issues framed by the court
Whether the compensation awarded for medical expenses, conveyance, pain and suffering, and loss of income requires enhancement.
Whether the Tribunal's award of compensation is just and proper and calls for interference on appeal.
2 provisions across 1 enactments
Tukaram Mallu Malme
Sudhir Shivappa Pujari
Shriramk Gopal Kanitkar
United India Insurance Company
A.S.OKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
