Case Note & Summary
The appellant, a minor, was travelling in a bus owned by the Maharashtra State Road Transport Corporation (MSRTC) when it collided head-on with a truck on 11.06.1995 due to the negligence of the bus driver. Nine passengers died and many were injured. The appellant filed a claim petition before the Motor Accident Claims Tribunal, which awarded Rs. 1,00,000/- as compensation. Dissatisfied, she appealed for enhancement. The High Court, considering the nature of injuries and the fact that the appellant was a minor, found the compensation inadequate and enhanced it to Rs. 2,00,000/- with interest at 6% per annum from the date of petition till realization. The appeal was partly allowed.
Headnote
A) Motor Accident Claims - Compensation for Injuries - Quantum - The appellant, a minor, suffered injuries in a bus-truck collision due to negligence of the bus driver. The Tribunal awarded compensation of Rs. 1,00,000/-. The High Court found the compensation inadequate and enhanced it to Rs. 2,00,000/- with interest at 6% per annum from the date of petition till realization. (Paras 1-5)
Issue of Consideration
Whether the compensation awarded by the Motor Accident Claims Tribunal was inadequate and whether the appellant is entitled to enhanced compensation.
Final Decision
The appeal is partly allowed. The compensation is enhanced from Rs. 1,00,000 to Rs. 2,00,000 with interest at 6% per annum from the date of petition till realization. The respondents are directed to pay the enhanced amount within eight weeks.
Law Points
- Motor Accident Claims
- Compensation for Injuries
- Negligence
- Quantum of Compensation
- Motor Vehicles Act
- 1988
Case Details
2018 LawText (BOM) (02) 103
Mr. D. R. Khapre for Appellant, Mr. G.N. Khanzode for Respondent No.6
Ku. Madhuri d/o Bapurao Aglave
Maharashtra State Road Transport Corporation, Sy. Ahmad Sy. Ismail, Subhash Yadevrao Bhivgade, Dilawarkha Sahebkha, National Insurance Company Limited
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Nature of Litigation
Appeal against judgment and award of Motor Accident Claims Tribunal seeking enhancement of compensation for injuries sustained in a road accident.
Remedy Sought
Enhancement of compensation from Rs. 1,00,000 to a higher amount.
Filing Reason
The appellant was dissatisfied with the quantum of compensation awarded by the Tribunal.
Previous Decisions
The Motor Accident Claims Tribunal (3rd Additional District Judge, Akola) passed judgment and award dated 27.02.2003 in M.A.C.P. No.95/1996, awarding Rs. 1,00,000/- as compensation.
Issues
Whether the compensation awarded by the Tribunal is inadequate and requires enhancement.
Submissions/Arguments
The appellant argued that the compensation of Rs. 1,00,000 was inadequate given the nature of injuries and the fact that she was a minor.
Ratio Decidendi
The compensation awarded by the Tribunal was inadequate considering the injuries suffered by the minor appellant. The High Court enhanced the compensation to Rs. 2,00,000 with interest at 6% per annum.
Judgment Excerpts
This is an appeal filed by the appellant-claimant, challenging the judgment and award dated 27.02.2003, passed by the 3rd Additional District Judge, Akola, in M.A.C.P. No. 95/1996, contending that the quantum of compensation granted to her by the said Court was inadequate and that she was entitled to enhanced compensation.
The appellant (claimant) in the present case was a minor at the time of incident. She was travelling in a State Road Transport bus being run by the respondent no.1- Maharashtra State Road Transport Corporation (MSRTC). On 11.06.1995, the said bus met with a head on collision with a truck coming from the opposite side.
Procedural History
The appellant filed M.A.C.P. No.95/1996 before the Motor Accident Claims Tribunal, Akola, which awarded Rs. 1,00,000 on 27.02.2003. Aggrieved, she filed First Appeal No.402/2003 before the Bombay High Court, Nagpur Bench, which was heard and disposed of on 12.02.2018.
Acts & Sections
- Motor Vehicles Act, 1988:
