THE ORIENTAL INSURANCE COMPANY, THROUGH ITS BRANCH OFFICE AT KHAMGAON, TALUKA KHAMGAON, DIT. BULDHANA REPRESENTED BY MANAGER, ORIENTAL INSURANCE COMPANY, T.P. HUB NAGPUR Vs. VILAS DINKARRAO PATIL (SINCE DECEASED) THR. LRS AND OTHERS
HIGH COURT OF BOMBAY
The Oriental Insurance Company, Through Its Branch Office At Khamgaon, Taluka Khamgaon, Dit. Buldhana Represented By Manager, Oriental Insurance Company, T.P. Hub Nagpur
Vilas Dinkarrao Patil (Since Deceased) Thr. Lrs And Others
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A.S.Chandurkar, J. -
(1.) Both these appeals filed under Sec. 173 of the Motor Vehicles Act, 1988 take exception to the judgment of the Claims Tribunal dated 27/04/2010 in MACP No.121/2004. By said judgment the Claim Petition filed under Sec. 166 of the said Act has been allowed and compensation for an amount of Rs. 21,94,543/has been awarded. The appellant in F.A.No.923/2010 is aggrieved by the amount of compensation as granted as according to it the same is on higher side. The appellants in F.A.No.432/2011 seek further enhancement in the amount of compensation as awarded. Both the appeals are being decided together by this common judgment.
(2.) The facts in brief are that one Vilas Patil on 05/05/2003 was proceeding on his motorcycle from Khamgaon to Shegaon along with one Sanjay as a pillion rider. At about 10.45 am when they reached village Warkhed a jeep coming from the opposite side dashed the motorcycle as a result of which said Vilas Patil as well as the pillion rider fell down from the motorcycle. Said Vilas Patil sustained various injuries including fracture of the spinal cord and was required to be operated upon. On that basis he filed a petition under Sec. 166 of the said Act seeking compensation from the owner of the jeep and the Insurance Company with which it was registered. The claim as made was initially for an amount of Rs.5,00,000/which was subsequently enhanced to Rs.50,00,000/.
(3.) The application was opposed by the owner and insurer of the vehicle. A stand was taken that the accident occurred due to the negligence of the claimant and hence there was no liability to pay the compensation. In the alternate it was prayed that the amount of compensation deserves to be proportionately reduced according to the negligence of the claimant.
In support of the claim the claimant examined himself as well as three doctors. No evidence was led by the owner or insurer of the jeep. The Claims Tribunal after considering the entire evidence on record came to the conclusion that the claimant was earning an amount of Rs.5000/per month. By applying the multiplier of sixteen it was held that the loss of earnings was Rs.9,50,000/. By considering the amount of Rs.10,34,543/towards medical treatment total compensation of Rs.21,94,543/came to be granted.
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