Bombay High Court
SAJIDA USMAN GANI BAGWANversusSAYYADKHAN PATANKHAN and ORS.
- Disposal
- Allowed
Holding
The appellant is entitled to an enhanced compensation of Rs. 3,24,000 plus Rs. 27,000 for medical expenses, with interest, based on her 30% disability, multiplier of 18, and participation in sports.
Summary
The appellant, a 16‑year‑old basketball player, was injured in a road accident caused by the negligent driver of a truck. The Motor Accident Claims Tribunal awarded her Rs. 75,000 as compensation, which she appealed as inadequate. The appeal focused on the proper quantum of compensation, given her 30% permanent disability, the applicable multiplier of 18, and her participation in sports. The High Court held that, based on these facts, the appellant was entitled to Rs. 3,24,000 (including no‑fault liability) plus Rs. 27,000 for medical expenses, with interest at 10% from the filing date. The court partially allowed the appeal, directing the insurer to pay the enhanced amount within ten weeks.
Issues considered
- Whether the compensation awarded by the Motor Accident Claims Tribunal is adequate.
- How to calculate compensation for a minor with 30% permanent disability, including the appropriate multiplier and inclusion of no‑fault liability.
Subjects
- motor accident
- personal injury
- compensation
- disability
- multiplier
- no‑fault liability
- insurance
- appeal
- tribunal
Judgment
14-FA-139-2002 (C).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 139 OF 2002
Sajida Usman Gani Bagwan ] …...Appellant
Age 26 years, Occ. Nil, ]
(Org. Applicant)
Residing at 506, Sadar Bazar, Camp Satara. ]
Versus
1. Sayyadkhan Patankhan ]
Age Major, Occ. Driver, ]
R/o. Dastgir Galli, Ahmedpur, Dist. Latur. ]
2. Gundappa Sidramappa Mutunge ]
Age Major, Occ. Business, ]
R/o. Ghandhinagar, Udgir, Dist. Latur. ]
3. The New India Assurance Co. Ltd., ]
Branch Manager, ]
New India Assurance Co. Ltd., ]
Office Bidar, Karnataka State. ]
4. Smt. Rupali Ranjit Gujar ]
Age 41 years, Occ. Household work, ]
R/o. Saidapur, Taluka/Dist. Satara. ]
5. The Oriental Insurance Co. Ltd., Satara ] …...Respondents
-----
Adv. Gargi Warunjikar (Through V.C.) a/w. Adv. N.G. Kamble i/b. Dr.
Uday Warunjikar for Appellant.
Adv. Milind Deshpande for Respondent Nos.1 & 2.
Adv. Sandeep S. Jinsiwale for Respondent No.3.
Adv. Ashirwad Kolekar i/b. Adv. Prasanna Kolekar for Respondent
No.5.
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14-FA-139-2002 (C).docx
Coram : ASHWIN D. BHOBE, J.
Date : 1st October 2026.
ORAL JUDGMENT :
1. Heard, Ms. Gargi Warunjikar and Adv. N.G. Kamble, learned Advocates
for the Appellant, Mr. Milind Deshpande, learned Advocate for the
Respondent Nos. 1 and 2, Mr. Sandeep Jinsiwala, learned Advocate for the
Respondent No. 3 – Insurance Company and Mr. Ashirwad Kolekar, learned
Advocate for the Respondent No. 5 – Insurance Company.
2. By this Appeal, the Appellant assails the Judgment and Award dated
27.07.2001 passed by the Motor Accident Claims Tribunal, Solapur
(“Tribunal”), in Motor Accident Claim Petition No. 338 of 1993, on the
ground that the compensation awarded is inadequate.
3. Facts as revealed in the claim petition are that on
25.11.1991, Appellant was proceeding towards Kurduwadi from Barshi in
a vehicle “Matador” bearing No. MXX-9313, along with other players of the
basketball team representing Ajinkya Gymkhana, Satara and their Coach
(Ranjit Gujar). While they were returning from Barshi after participating in a
basketball tournament, towards Kurduwadi, a truck bearing No. MWP-460
was approaching from the opposite direction at high speed and was being
driven rashly and negligently. The driver of the Matador had taken due
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precautions and was driving the vehicle on the extreme left side of the road.
However, despite this, the truck gave a dash to the Matador, resulting in an
accident in which the Appellant and the other players sustained serious
injuries, whereas the Coach succumbed to his injuries.
4. Respondent No. 1 is the driver, Respondent No. 2 is the owner of the
truck and Respondent No. 3 is the insurer of the truck bearing No. MWP-460.
5. On 19.08.1992, the Appellant filed M.A.C.P. No. 338 of 1993 before the
Tribunal.
6. By Judgment and Award dated 21 st July 2001, the Tribunal awarded
the Appellant total compensation of Rs. 75,000/- with interest @10% p.a.
from the date of registration of the claim petition till realisation (“impugned
Award”).
7. On appreciation of the evidence, the Tribunal found the driver of the
truck bearing No. MWP-460 solely responsible for the accident. Admittedly,
the Appellant was a passenger travelling in the Matador, therefore, there was
no question of negligence on her part. None of the Respondents has
challenged the Tribunal's findings on rashness and negligence by filing a
cross-objection.
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8. The controversy in the present Appeal centres on the amount of
compensation to which the Appellant would be entitled.
9. It is not in dispute that the Appellant, aged 16 years on the date of the
accident (25.11.1991), suffered 30% disability and that this disability has
arisen out of the injuries sustained in the accident, which is the subject
matter of the claim petition. The multiplier applicable to the Appellant, being
18, is a fact not in dispute in the present Appeal.
10. Thus, the question in this Appeal is essentially confined to the
calculation of compensation.
11. Considering the facts recorded by the Tribunal in the impugned Award,
viz. that the Appellant was the captain of Ajinkya Gymkhana from Satara and
had participated in the Maharashtra Inter-District Championship as a player,
by consent of Ms. Gargi Warunjikar, learned Advocate for the Appellant, Mr.
Milind Deshpande, learned Advocate for the Respondent Nos. 1 and 2 and
Mr. Sandeep Jinsiwala, learned Advocate for the Respondent No. 3 –
Insurance Company, the compensation payable to the Appellant is held to be
Rs. 3,24,000/-.
12. In view of the above, I pass the following order.
i. The Appeal is partly allowed.
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ii. The Appellant-Claimant is entitled to an enhanced amount of Rs.
3,24,000/- (inclusive of no-fault liability amount) @ 10% interest
per annum from the date of filing the claim petition till realisation
of the amount.
iii. In addition to the amounts referred to in paragraph (ii) above, the
Appellant is entitled to Rs. 27,000/- towards medical expenses.
iv. The Respondent No. 3-The New India Assurance Co. Ltd., shall
deposit the compensation amount, after deducting amounts, if any,
paid to the Appellant, along with accrued interest thereon, within
ten (10) weeks from today in the Registry of this Court.
v. The Appellant-Claimant is permitted to withdraw the amount upon
deposit.
vi. Award be drawn accordingly.
Digitally signed
by OMKAR [ ASHWIN D. BHOBE, J. ]
SHIVAHAR
OMKAR KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
2026.10.05
16:23:47
+0530
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