SAYYAD ALISHA RAJJAK Vs. ALTAF NOORMOHAMAD TAMBOLI
HIGH COURT OF BOMBAY
Sayyad Alisha Rajjak
Altaf Noormohamad Tamboli
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A.M. Dhavale, J. -
(1.) This is claimants appeal for enhancement of compensation awarded in the accident claim. In MACP No.273/13, the learned Member, Motor Accident Claims Tribunal, Beed by judgment dated 1st October, 2016 awarded compensation of Rs.6,00,000/- to the claimants. He has 7 year old girl and she suffered permanent disability shown as 35%. The claimant by the Appeal seeks enhancement to the tune of Rs.27,70,000/- restricted to Rs.10,00,000/- for the purpose of court-fee.
(2.) As per the claim petition on 12.02.2013 at 1.45 p.m. Sayyad Alisha aged 7 years was proceeding to a shop from her house at Ambhora. That time, tanker MH16 AE 7786 belonging to and driven by respondent No.1 and insured with respondent No.2 gave her forceful dash causing grievous injuries to her. The claimant was shifted to Pandit Hospital, Ahmednagar, where she underwent 3 operations. She was there for 4 days. Thereafter, she was shifted to Noble hospital. She was admitted from 15.02.2013 to 26.02.2013. She had suffered severe crush injury to left thigh and was operated for debridement with skin grafting surgery. She claimed that she incurred medical expanses of Rs.4,00,000/- inclusive of travelling, diet and attendance.
(3.) The FIR came to be lodged after one month on 13.03.1013. The Claimant claimed that she had sustained 35% permanent disability and has to move in a wheel chair.
Her marriage prospects are considerably reduced. She was a bright student and had high expectations in education and sports. She was doing household work and was also assisting her parents in the hospital and was earning Rs.5,000/- p.m. With these pleadings, she claimed compensation of Rs. 27,70,000/- including Rs.10,00,000/- for future economic loss, expenditure of Rs.5,00,000/- for future treatment and Rs.5,00,000/- for loss of amenities and loss of enjoyment of life.;
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