ARATI BHIMRAO SHINDE Vs. RAMESH SITARAM DEVKAR
LAWS(BOM)-2017-7-349
HIGH COURT OF BOMBAY
Decided on July 20,2017

Arati Bhimrao Shinde Appellant
VERSUS
Ramesh Sitaram Devkar Respondents

JUDGEMENT

S.B. Shukre, J. - (1.) This appeal questions the legality and correctness of findings recorded by the tribunal in its judgment and order dated 29th March, 2005 rendered by Motor Accident Claims Tribunal, Yavatmal, in Motor Accident Claim No.57/1997 in respect of the quantum of compensation determined as payable by it to the appellant.
(2.) The appellant filed a petition under Section 166 of the Motor Vehicles Act, claiming compensation for the injuries suffered by her in the accident which occurred on or about 6.45 a.m. on 19.05.1996 on PaturMahur Road, near Warehouse, Pusad. At that time, the appellant was proceeding by TempoTrax bearing registration No. MH30/BB 1018 owned by respondent no.1 and insured with respondent no.2. The tempotrax driver had lost control over the vehicle and dashed it against the tree standing on the road side. The disability sustained by the appellant because of the injuries she suffered in this accident, was to the extent of 30% and was of permanent nature. She was required to incur substantial amount on account of treatment administered to her at various hospitals at Pusad, Yavatmal and Nagpur. On merits of the petition, the learned Member of the Tribunal found that the appellant was entitled to receive total compensation of Rs.1,10,410/ including no fault liability compensation from the respondent nos. 1 and 2 jointly and severally. The judgment and order in this petition was rendered on 29th March, 2005 and now against the quantum of compensation, so awarded, the appellant is before this Court in the present appeal.
(3.) I have heard learned counsel for the appellant. None appears for the respondents though duly served on merits. Now, the only point which arises for my determination is, Whether the Tribunal has awarded just and proper compensation ?;


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