Created by Fuzzy Cloud

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.
                                      -------



osk                                 1 of 5
                                                               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



osk                                 2 of 5
                                                          14-FA-139-2002 (C).docx


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.




osk                               3 of 5
                                                               14-FA-139-2002 (C).docx


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.




osk                                    4 of 5
                                                                                     14-FA-139-2002 (C).docx




                              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




                        osk                                  5 of 5


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.