Allowed

Mrs. Sushama Shantaram Golambade v. Mr. Bharat Jadhavji Vora (H.U.F.) and Anr.

Bombay HC10 Jan 2024FA/760/2014

Case brief

AI extract

What is this about?

Appeal against Motor Accident Claims Tribunal award seeking enhancement of compensation for accidental injuries causing 35% permanent partial disability. Court enhanced compensation by Rs.3,44,755/-, covering loss of income during unpaid leave, medical bills, pain and suffering, loss of amenities, and special diet and conveyance.

What did the court decide?

Enhanced compensation of Rs.3,44,755/- with 7.5% interest from date of claim petition; insurer to deposit within six weeks.

Mrs. Sushama Shantaram Golambade Vs Mr. Bharat Jadhavji… — Motor Accident Claims | Bombay HC (2024)

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905-FA-760-2014.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. 760 OF 2014

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Sushma Shantaram Golambade
Age about 49 years, Occupation : Service,
Residing at : Silver Residency, ‘A’ Wing, Room No.401,
Lal Chowki, Agra Road, Kalyan (W),
District Thane.
 Versus

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 Appellant

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1. Bharat Jadhavji Vora (H.U.F.)
 Adult, Occupation : Business, Respondent
 Residing at Patlmal Highway No.8, Shirsad, Virar, No.1/
 Dist. Thane, Vasai, Tal. Original
 Opposite Party
 (Owner of Motor Trailor No.MH-04-F-3437).
2. The new India Assurance Company Limited,
 Through its Divisional Manager, having their office
 Respondent
 at Guru Govind Niwas, Murbad Road,
 No.2/
 Opp. Purnima Theatre, Kalyan.
 Original Insurer
 (Insurer of Motor Trailor No.MH-04-F-3437).

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Ms. Rina Kundu, Advocate for the Appellant.
Ms. Jyoti Bajpayee, Advocate for Respondent No.2.

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 CORAM : SHIVKUMAR DIGE, J.
 DATE : 10th JANUARY, 2024.

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JUDGMENT :

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1. By way of this appeal the 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 appellant has suffered 35% permanent physical disability. While awarding compensation the Tribunal has awarded

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905-FA-760-2014.doc

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S.S.Kilaje

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compensation on lower side i.e. Rs.10,000/- for pain and suffering,
Rs.25,000/- for medical expenses, Rs. 15,000/- for loss of income, which is
not proper, 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 awarding compensation, the Tribunal has
considered all the aspects and on that basis compensation is awarded
hence no interference 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, Kalyan (for short
“the Tribunal”). Admittedly due to accidental injuries claimant has
suffered 35% permanent partial disability. To prove the disability the
claimant has examined Dr. Sujeet Jain. Respondent No.2/Insurance
Company has not disputed the disability of the claimant. It appears from
the record that, after the accident, claimant was admitted in hospital for
three times due to accidental injuries caused to him. The claimant was
working as a teacher and she was on leave from 08.05.2007 to 29.02.2008
for 10 months and for the said period no salary was given to her. To prove
this fact the claimant has examined Mrs. Meena Bhadsavale, Head
Mistresses of Captain Ravindra Madhav Oak High School, Kalyan where
the claimant was working as a teacher. She has stated that after the
accident, the claimant was on earned leave for 28 days from 15.06.2007 to

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905-FA-760-2014.doc

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S.S.Kilaje

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12.07.2007. Thereafter, again she was on leave from 13.07.2007 to
29.02.2008. However, the said leave period was without pay. The
Certificate is at Exhibit-38. The monthly salary of claimant was
Rs.17,000/- per month. Considering the evidence of PW-3 Mrs. Meena
Bhadsavale, the claimant is entitled for salary of without pay leave period
it comes to Rs.17,000/- X 10 = Rs.1,70,000/-. The Tribunal has not
considered the medical bills of Wockhardt Hospital. Total of it comes to
Rs.1,84,755/-. I am considering this amount for medical expenses.

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The Tribunal has given amount of Rs.10,000/- for pain and
suffering as claimant has suffered 35% disability hence, I am considering it
Rs.50,000/-, the Tribunal has not given compensation for loss of amenities
in life, I am considering it Rs.20,000/-. The Tribunal has not awarded
compensation for special diet and conveyance, I am considering it
Rs.20,000/-. Considering all these calculations, the claimant is entitled for

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following compensation:

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`Sr.` `No.`	`Particulars`	`Rs.`	`Entitlement`
`1`	`Pain and suffering`	`Rs.`	`50,000.00`
`2`	`Loss of Income during treatment from` `08.05.2007 to 29.02.2008 for 10 months` `@ Rs.17,000/- per month (17,000 X 10` `months)`	`Rs.`	`1,70,000.00`
`5`	`Disability and loss of amenities`	`Rs.`	`20,000.00`
`6`	`Special Diet and Conveyance`	`Rs.`	`20,000.00`
`7`	`Medial Bills`	`Rs.`	`1,84,755.00`

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905-FA-760-2014.doc

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S.S.Kilaje

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`Total`	`Rs.`	`4,44,755.00`
`Tribunal awarded`	`Rs.`	`1,00,000.00`
`Enhanced amount`	`Rs.`	`3,44,755.00`

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The claimants are entitled for the enhanced amount of Rs. 3,44,755/-.

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5. In view of above, I pass following Order:

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ORDER

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i. The appeal is allowed.

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ii.The appellant / claimant is entitled for an enhanced
amount of Rs. 3,44,755/- @ 7.5% interest per annum
from the date of filing of the claim petition till the
realisation of the amount.

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iii. The respondent/Insurance Company shall deposit enhanced amount along with interest within six weeks after receipt of the order.

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iv. The appellant is permitted to withdraw the enhanced amount along with interest accrued thereon.

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6. The appeal is allowed.

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 (SHIVKUMAR DIGE, J.)

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Digitally signed SONALI by SONALISATISH SATISH KILAJEDate: KILAJE 2024.01.2011:21:11 +0530

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Mrs. Sushama Shantaram Golambade v. Mr. Bharat Jadhavji Vora (H.U.F.) and Anr.

Case brief

What is this about?

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Mrs. Sushama Shantaram Golambade v. Mr. Bharat Jadhavji Vora (H.U.F.) and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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