Allowed

Master Ramzan Kabir Mandal-through- Kabir Mandal v. Suresh Murlidhar Pingle and Anr.

Bombay HC25 Jan 2024FA/2152/2008

Case brief

AI extract

What is this about?

Motor accident claimant with 15% disability sought enhancement of the Tribunal's Rs.35,000 award. Applying the Supreme Court's Master Mallikarjun ruling, the High Court enhanced compensation by Rs.2,65,000 with interest at 7.5% per annum.

What the court decided

AI extract

Master Ramzan Kabir Mandal-through- Kabir Mandal Vs… — Motor Accident Claims | Bombay HC (2024)

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17-fa-2152-2008.doc

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Shubhada S Kadam

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 2152 OF 2008

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Ramzan Kabir Mandal, A minor aged 8 years, through his father and next friend, Shri Kabir Mandal, Residing at Ray Road Zopadpatti, Near Real Restaurant, Barrister Nath Pai Road, Mazgaon, (Orig. Applicant) Mumbai – 400 010. ….Appellant

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versus

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1 Suresh Murlidhar Pingle Res. At, Near Singh Service Stn. Krishna Compound, Puma Village, (Orig Opp. Party) Bhiwandi, Dist: Thane 2 New India Assurance Co. Ltd. New India Bhavan, RD-I, Bellard Pier, Mumbai. At Regd. Off : New India Ass Bldg, 87, M. G. Road, Hutatma Chowk, (Orig Insurer) Mumbai – 400 023. ...Respondents

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Ms. Ketki Gokhale i/b. Mr. Avinash Gokhale, Advocate for the Appellant. Ms. Poonam Mital, Advocate for Respondent No.2 /Insurance Company.

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CORAM : SHIVKUMAR DIGE, J.

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DATE : 25th JANUARY, 2024.

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Oral Judgment :

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By way of this appeal, the claimant is seeking enhancement of compensation.

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Digitally signed by SHUBHADA SHUBHADA SHANKAR SHANKAR KADAM KADAM Date: 2024.02.09 11:39:50 +0530

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17-fa-2152-2008.doc

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Shubhada S Kadam

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It is contention of learned counsel for the appellant/claimant that due to accidental injuries, the claimant has suffered 15% disability but the Tribunal has awarded Rs.35,000/-, which is not proper. Learned counsel further submitted that as per the view of Hon’ble Apex Court in the case of Master Mallikarjun-Appellant versus Divisional Manager, The National Insurance Company Limited and anr. reported in 2014 (14) SCC 396 , the claimants are entitled for Rs.3,00,000/-, it be awarded.

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Learned counsel for the respondent No.2-Insurance Company submitted that the order passed by the Tribunal is legal and valid, no interference is required in it.

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I have heard both learned counsel, perused the judgment and order passed by Motor Accident Claims Tribunal, Mumbai (for short “the Tribunal”).

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Admittedly, the claimant has suffered 15% disability due to the accidental injuries. The Tribunal has awarded Rs.35,000/- as compensation. As per the view of Hon’ble Apex Court in Master Mallikarjun (supra), in case of disability above 10% and upto 30%, the claimants are entitled upto Rs.3,00,000/-. Thus, as per the view of Hon’ble Apex Court, the claimant is entitled for Rs.2,65,000/- after deducting an amount of Rs.35,000/-, granted by the Tribunal.

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In view of above, I pass following order :

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Appeal is allowed.

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2/3

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17-fa-2152-2008.doc

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Shubhada S Kadam

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The claimant is entitled for an enhanced amount of Rs.2,65,000/- @ 7.5% interest per annum from the date of filing of the petition till realisation of the amount.

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Respondent No.2-Insurance Company shall deposit the enhanced amount along with accrued interest thereon within six week from the receipt of the order.

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The claimants are permitted to withdraw the enhanced amount along with accrued interest thereon.

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Pending applications, if any, stand disposed of.

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(SHIVKUMAR DIGE, J.)

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Master Ramzan Kabir Mandal-through- Kabir Mandal v. Suresh Murlidhar Pingle and Anr.

Case brief

What is this about?

What the court decided

Master Ramzan Kabir Mandal-through- Kabir Mandal v. Suresh Murlidhar Pingle and Anr.

Case brief

What is this about?

What the court decided

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