Allowed

Mohammad Sabir Mohammad Sakir Shaikh v. Virendra Angad Yadav and Anr.

Bombay HC16 Jan 2024FA/1346/2013

Case brief

AI extract

What is this about?

In an appeal against a Motor Accident Claims Tribunal order, the High Court enhanced compensation due to the appellant's amputated right hand. The court rejected the Tribunal's low notional income assessment, set the income at Rs.4,000, and increased functional disability to 100%, awarding Rs.10.64 lakh.

What did the court decide?

The appeal was allowed; enhanced compensation of Rs.10,64,800 plus 7.5% per annum interest awarded.

Mohammad Sabir Mohammad Sakir Shaikh Vs Virendra Angad… — Motor Accident Claims | Bombay HC (2024)

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1-FA-1346-2013.doc

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S.S.Kilaje

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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 2013

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Mohammad Sabir Mohammad Sakir Shaikh
Age : 35 years, Occ : Nil,
R/at, Bopele, Post. Neral,
Tal. Karjat, Dist. Raigad

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…Appellant

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 Versus

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1. Virendra Angad Yadav R/at. 17, Keshav Dham. Boisar Road, Palghar, Dist. Thane.

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2. The New India Assurance Co. Ltd.
 Nirkunj Signature, 3rd Floor,
 Above Corporation Bank, Manav Mandir Road,
 Vasai, Tal. Vasai, Dist. Thane.

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...Respondents

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Mr. S. R. Chavanke, Advocate for the Appellant.

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Ms. Poonam Mital, Advocate for Respondent No.2.

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 CORAM : SHIVKUMAR DIGE, J.
 DATE : 16th JANUARY, 2024.

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JUDGMENT :

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1. By way of this appeal appellant is seeking enhancement of compensation.

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2.It is the contention of learned counsel for the appellant that due to
accidental injuries right hand of the appellant is amputated. The appellant
was working as a cleaner and he was getting Rs.6,000/- per month as a
salary but the Tribunal has considered notional income of appellant of
Rs.3,000/- per month which is on lower side and on that basis
compensation is awarded. Learned counsel further submitted that though

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1-FA-1346-2013.doc

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S.S.Kilaje

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the right hand of the appellant is amputated the Tribunal has considered
permanent physical disability at 40%. Due to amputation the right hand of
the appellant he is unable to do any work. The functional disability is
100%, hence requested to allow the appeal.

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3.It is the contention of learned counsel for the respondent No.2/
Insurance Company that while passing order the Tribunal has considered
all the aspects and on that basis order is passed. Learned counsel further
submitted that in cross examination the doctor who has issued disability
certificate has stated that he has not produced any record on which basis
he assessed the disability of the appellant. The order passed by the
Tribunal is legal and valid and no interference is required in it.

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4.I have heard both the learned counsel. Perused the Judgment and
Order passed by the Motor Accident Claims Tribunal, Palghar (for short
“the Tribunal”). It is claimant’s case that he was working as a cleaner on
the truck bearing No.GJ-15/UU-1048 and he was getting salary of
Rs.6,000/- per month. To prove the income, the appellant/claimant
examined employer Mohammad Kashid, he has stated that he was paying
Rs.6,000/- per month as a salary to the appellant. While dealing with this
issue, the Tribunal has observed that there is no document produced, no
record about the payment of salary by the employer nor income tax
returns in respect of the said salary was filed. On that basis the Tribunal

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1-FA-1346-2013.doc

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S.S.Kilaje

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has considered notional income of the appellant at Rs.3,000/- per month.
I am unable to understand the observation of the Tribunal, as the Tribunal
has failed to consider that appellant was working as a cleaner on the truck
so no question of maintaining his salary Register arises. Moreover, no
income tax returns of such amount can be filed. As appellant was working
as a cleaner and there is evidence of the employer in respect of his salary,
I am considering monthly income of appellant at Rs.4,000/- per month.
There is amputation of right hand of the appellant and after the accident
appellant is unable to do any work though doctor has given 48% disability
it is 100% functional disability. Hence, I am considering functional
disability of appellant as 100%. The Tribunal has awarded compensation
under other heads on lower side. Considering nature of disability, I am
increasing it.

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5. Considering the above calculations, appellant is entitled for

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following compensation:

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`Particulars`	`Rs.`	`Entitlement`
`Notional Income`	`Rs.`	`4,000.00`
`Futureprospects`		`1,600.00`
`Multiplier Rs. 5600 X 12 X 16`	`Rs.`	`10,75,200.00`
`Medical Treatment`	`Rs.`	`35,000.00`
`Artificial Hand and Future treatment`	`Rs.`	`1,00,000.00`
`Special diet and travelling`	`Rs.`	`20,000.00`
`Pain and suffering`	`Rs.`	`50,000.00`
`Loss of marriage Prospects`	`Rs.`	`50,000.00`

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1-FA-1346-2013.doc

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S.S.Kilaje

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`Total` `Rs.`	`13,30,200.00`
`Less compensation awarded by the Tribunal` `Rs.`	`2,65,400.00`
`Total enhanced compensation` `Rs.`	`10,64,800.00`

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Considering the above calculations, the claimant is entitled for
enhanced compensation of Rs.10,64,800/-.

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6. In view of the above, I pass following order:

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O R D E R

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(i) The appeal is allowed.

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(ii) The appellant/ claimant is entitled for enhanced
compensation amount of Rs.10,64,800/- @ 7.5
interest per annum from the date of filing of

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claim petition till realisation of the amount.

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(iii) Respondent No. 2 / Insurance Company shall
deposit the enhanced amount along with
accrued interest thereon within eight weeks
from the receipt of this order.

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(iv) The claimant is permitted to withdraw the
deposited amount along with accrued interest
thereon.

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7.The appeal is disposed of.

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 (SHIVKUMAR DIGE, J.)

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SONALISATISHKILAJE Digitally signedby SONALISATISH KILAJEDate:2024.01.2011:24:16+0530

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Mohammad Sabir Mohammad Sakir Shaikh v. Virendra Angad Yadav and Anr.

Case brief

What is this about?

What did the court decide?

Mohammad Sabir Mohammad Sakir Shaikh v. Virendra Angad Yadav and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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