GYANDEO Vs. UNITED INDIA INSURANCE COMPANY LTD
LAWS(BOM)-2022-12-100
HIGH COURT OF BOMBAY
Decided on December 22,2022

Gyandeo Appellant
VERSUS
UNITED INDIA INSURANCE COMPANY LTD Respondents


Referred Judgements :-

RAJ KUMAR VS. AJAY KUMAR [REFERRED TO]


JUDGEMENT

SANDIPKUMAR C.MORE,J. - (1.)The appellant i.e. original claimant has challenged the judgment and award dtd. 07/09/2004 passed by Motor Accident Claim Tribunal, Latur (hereinafter referred to as 'the learned Tribunal') in MACP No.142 of 2000 for enhancement of the compensation amount and for not giving proper opportunity to lead further evidence in respect of medical bills.
(2.)It is not disputed that on 05/06/1999 at about 7.45 p.m. the claimant was riding motorcycle bearing registration No. MCL 8768 towards Tandulja and at that time one tractor alongwith trolley came from opposite direction and gave dash to the motorcycle of the appellant, resulting into an accident. According to the appellant he sustained grievous injuries and consequential disability to the extent of 25% because of the said accident. The learned Tribunal by considering entire evidence on record assessed the compensation of Rs.44,000.00 inclusive of NFL amount but deducted 30% from the said amount towards contributory negligence of the appellant himself and fnally granted compensation amount of Rs.30,800.00 alongwith interest @ 9% p.a. from 11/04/2000 on the unpaid amount of Rs.5,800.00 till its realization.
(3.)The learned counsel for the appellant submits that the learned Tribunal granted meager compensation despite claim of Rs.3,00,000.00. He pointed out that the learned Tribunal did not consider disability of 25% and ignored annual income of the appellant to the tune of Rs.1,00,000.00 p.a. from agricultural business. As such, he prayed for enhancement.


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