JABBAR MALIKSAB BAGWAN Vs. MAHARASHTRA STATE ROAD TRANSPORT CORPORATION
LAWS(BOM)-2017-7-32
HIGH COURT OF BOMBAY (AT: AURANGABAD)
Decided on July 06,2017

Jabbar Maliksab Bagwan Appellant
VERSUS
MAHARASHTRA STATE ROAD TRANSPORT CORPORATION Respondents

JUDGEMENT

- (1.) Present Appeal is filed against the judgment and award passed by the Motor Accident Claims Tribunal at Latur on 24th of December, 2001, in M.A.C.P. No.557/1998.
(2.) The appellant had filed the aforesaid claim petition claiming compensation on account of the injuries caused to him in a vehicular accident happened on 22nd of May, 1998, while he was travelling by a State Transport Bus from Ahmedpur to Hyderabad. In the accident so happened, the appellant received severe injuries to his right hand. It was virtually crushed in the accident and eventually, was required to be amputated. It was the case of the appellant that he was carrying on the business of selling fruits on a hand cart and used to earn around Rs.100/- to Rs.150/- per day. It was the further contention of the appellant that since in the alleged accident he lost his right hand, he could not carry on the said business and has, thus, lost his future earning capacity. The appellant had, therefore, claimed compensation of Rs.3,00,000/- ( Rs. three lakhs) from the State Transport Corporation towards his future loss of income, towards pain and suffering, loss of amenities and towards the medical expenses. As per the case of the appellant, he had incurred 80 per cent permanent disability because of the injuries caused to him in the alleged accident.
(3.) The claim petition was resisted by the S.T. Corporation on various grounds. A plea of contributory negligence was also taken by the S.T. Corporation. The Tribunal, however, did not consider the said plea and held the negligence of the driver of the S.T.Bus responsible for occurrence of the alleged accident. The Tribunal, however, determined the amount of compensation on lumpsum basis and held the appellant entitled for the total compensation of Rs.1,50,000/- ( Rs. one lakh, fifty thousand) inclusive of No Fault Liability compensation. Aggrieved thereby, the claimant had preferred the present appeal seeking enhancement in the amount of compensation as awarded by the Tribunal.;


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