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Bombay High Court

CHARLES SIDHARAM LONDHEversusTHE SECRETARY, M.S.R.T.C. AND ANR.

Disposal
Allowed

Holding

The appeal is partially allowed; the compensation for permanent disability is enhanced from Rs 25,000 to Rs 50,000.

Summary

The appellant, Charles Sidharam Londhe, was injured in a road accident on 21 March 2004 when a State Transport bus driver abruptly accelerated and collided with his motorcycle, resulting in a 38% permanent disability. The Motor Accident Claims Tribunal awarded him a total compensation of Rs 1,03,500, including Rs 25,000 for permanent disability. Londhe appealed, contending that the disability compensation was inadequate. The High Court examined the evidence, noted the negligence of the bus driver (charged under IPC §§279, 378, 338 and MVA §184), and considered whether the awarded amount was just. The Court partially allowed the appeal, enhancing the permanent disability compensation to Rs 50,000 while leaving the rest of the award unchanged, and ordered the respondents to deposit the additional amount with interest.

Issues considered

  • Whether the compensation awarded by the Motor Accident Claims Tribunal for permanent disability is fair and justified

Legislation cited

Subjects

  • motor accident
  • compensation
  • permanent disability
  • Motor Accident Claims Tribunal
  • high court appeal
  • negligence
  • enhancement of award

Judgment

                                                              17-FA-1675-2006 (C).docx


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIRCUIT BENCH AT KOLHAPUR

                         CIVIL APPELLATE JURISDICTION

                         FIRST APPEAL NO. 1675 OF 2006

Shri Charles Sidharam Londhe                              …...Appellant
Age : 52 years, Occ. Service,
R/o. Rajendra Nagar, 71/1 Bavade Vahasat,
E Ward, Kolhapur.
                    Versus
1. The Secretary, M.S.R.T.C.
   Through Depot. Manager,
   Central S.T. Stand, Kolhapur.

2. Internal Insurance Fund,                               …...Respondents
   Wahatuk Bhavan, Mumbai.


                                           ----
       None for Appellant
       Mr. Ketan Patil a/w. Ms. Pinky Bhansali for Respondents-MSRTC.
                                      -------

                                    Coram :       ASHWIN D. BHOBE, J.

                                    Date      :   1st October 2026.

ORAL JUDGMENT :


1.        None for the Appellant.


2.        Mr. Ketan Patil, learned Advocate for the Respondents-MSRTC, insisted

on dismissal of this Appeal for non-prosecution.


3.        This Appeal is of the year 2006, admitted on 31 st July 2006. The


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Appeal was listed on the “Daily Cause list” of 28 th August, 2026, none was

present for the Appellant. However, the Appeal could not be taken up on the

said date due to paucity of time and was adjourned to today.


4.    This Appeal is an Appeal for enhancement at the instance of the

Appellant-Claimant.   The    function     of   the   Motor   Accidents    Claim

Tribunal/Court is to award “just” compensation that is reasonable based on

the evidence produced on record. Accordingly, the request for dismissal of

this Appeal, as made by Mr. Ketan Patil, is declined and the Appeal is taken

up for hearing.


5.    With the assistance of Mr. Ketan Patil, learned Advocate for the

Respondents-MSRTC, the records were perused.


6.    By this Appeal, the Appellant assails the Judgment and Award dated

19.04.2006 passed by the Motor Accident Claims Tribunal, Kholapur

(“Tribunal”), in Motor Accident Claim Petition No. 658 of 2004, on the

ground that the compensation awarded is inadequate (“impugned Award”).


7.    The material facts as revealed from the claim petition relevant to the

present Appeal are that on 21.03.2004, Appellant was proceeding towards

Hupari from Kolhapur on his motorcycle bearing No. MH-09-AJ-7536. When

he reached near the Temblai Temple, a State Transport (“ST”) bus was

proceeding ahead of him, he honked the horn of his motorcycle to indicate


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his intention to overtake the bus. The driver of the ST bus accordingly

allowed him to overtake. While the Appellant was overtaking the ST bus with

due care and caution, the driver of the ST bus suddenly and abruptly drove

the bus at high speed and dashed into the motorcycle from the rear, as a

result of which the Appellant fell and sustained grievous injuries, including a

fracture. C.R. No. 53 of 2004 was registered against the driver of the S.T. bus.

Appellant suffered a permanent disability to the extent of 38%.


8.    On 26.10.2004, the Appellant filed Motor Accident Claim Petition No.

658 of 2004 before the Tribunal. Although the Respondents filed a Written

Statement raising various defences, they did not lead any evidence.


9.    The Tribunal, vide the impugned Award, granted compensation to the

Appellant under the following heads:-


                       Particulars                  Amount awarded by
                                                       the Tribunal
         Permanent Disability (38%)                   Rs. 25,000.00
         Loss of salary for the period of 72 days     Rs. 12,713.76
         Medical Expenses                             Rs. 55,750.87
         Pain and suffering                           Rs. 5,000.00
         Travelling Expenses                          Rs. 5,000.00
         Total                                        Rs.1,03,464.63 @
                                                      Rs. 1,03,500.00


10.   Mr. Ketan Patil, learned Advocate for the Respondents, submits that the

Tribunal, after considering the entire material on record, has arrived at




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compensation. He further submits that the impugned Award requires no

interference. He therefore submits that the Appeal be dismissed on merits.


11.   From the material on record, the following point for determination

arises in the present Appeal:


            “Whether the compensation awarded by the Tribunal to the
            Appellant is fair and justified?”


12.   Perusal of the records indicates that the accident occurred between the

motorcycle ridden by the Appellant and the ST bus owned by Respondent No.

1. The records further indicate that the driver of the S.T. bus was charged

with offences punishable under Sections 279, 378 and 338 of the Indian

Penal Code, read with Section 184 of the Motor Vehicles Act and that Crime

No. 53 of 2004 was registered.


13.   On appreciation of the evidence, the Tribunal concluded that the

accident occurred due to the negligence of the ST bus driver and that the

Appellant is entitled to compensation of Rs. 1,03,500/- . Paragraph 9 of the

impugned Award reads as follows:-

       9.      Issue No.2 :

               Petitioner's claim is for Rs.2,12,000/- under different heads.
               According to him he was serving in M.S.E.B. Kolhapur and was
               getting salary of Rs.10,595/-p.m. Due to accidental injuries he had



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      sustained permanent disability. Due to accidental injuries he was
      constrained to take a long leave and thereby he sustained a loss of
      his income. As referred supra that petitioner had sustained
      permanent disability to the extent of 38% and due to shortening of
      his leg he is unable to stand properly, facing difficulty in sitting, by
      folding legs and walking. In support of his pay and leave certificate
      the petitioner has examined witness on his behalf as P.W.2 namely
      Uday Prakash Anandrao Ranaware at Ex.34 who has deposed that,
      petitioner is serving as a Peon in M.S.E.B. department and his pay
      for February 2004 was Rs.10,595/-. He has produced on record the
      relevant extract of pay bill which is marked as Ex.36. He has
      further deposed that, petitioner was on leave since 22-3-2004 to
      31-3-2005 and that leave was with half pay. He has also produced
      on record the relevant order regarding leave of the petitioner
      which is marked as Ex.37. From the evidence of this witness it
      appears that, petitioner is still serving in M.S.E.B. There is no any
      record to show that, due to permanent disability the petitioner was
      constrained to leave his job. Therefore, though petitioner had
      sustained disability to the major extent still he is in service and
      thus there is no any future loss cause do him regarding his pay etc.
      In spite of that, considering the nature of injuries and percentage
      of the disablement he is entitled for the compensation of
      Rs.25,000/- on account of loss caused to him due to permanent
      disability. It appears that, petitioner was constrained to take a long
      leave due to accidental injuries. In the salary certificate Ex.37 in
      column No.5 it is mentioned that, petitioner was on leave for 72
      days. P.W.2 Uday Ranaware has deposed that, the leave period of
      the petitioner was with half pay. Therefore, considering the gross
      salary of the petitioner Rs.10,595/- ½ of it comes to Rs.5297-
      50ps. Now therefore it is necessary to calculate the loss of salary


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             for the period of 72 days as mentioned in the salary certificate
             Ex.37 which comes to Rs. 12,713-76ps. and the petitioner is
             entitled for this amount. The petitioner has stated that, during the
             period his hospitalization he was required to spend huge medical
             expenditure. In support of his version he has produced on record
             several medical bills, bills of hospitalization with list Ex.25/190. I
             have gone through all these medical bills, bills of hospitalization
             which are issued by the appropriate authority and during the
             relevant period of hospitalization of the petitioner and those are
             for Rs.55,750-87 and the petitioner is entitled for these medical
             bills. In addition to that, he is also entitled for compensation of
             Rs.5,000/- towards pains and sufferings considering the long
             period of treatment due to grievous fracture injuries. He is also
             entitled for compensation of Rs.5,000/- towards traveling.
             attendance, nutritious food and other allied expenditure, Thus, he
             is entitled for the total compensation of Rs.1,03,464-63 ps. Which
             is rounded to Rs.1,03,500/- together with interest thereon @9%
             p.a.from the date of petition.”



14.   Though the reasoning of the Tribunal            in awarding compensation

cannot be faulted, the issue is whether the compensation of Rs. 25,000/-

awarded by the Tribunal to the Appellant for 38% permanent disability, as

established by the Disability Certificate at Exhibit 38, is just. The Respondents

have neither filed any cross-appeal nor any cross-objection. In the facts and

circumstances of the case at hand, the compensation of Rs. 50,000/- for

permanent disability would be just and fair.



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                      15.     In view of the above, the Appeal is partly allowed. The impugned

                      judgment and Award dated 19th April 2006 is modified to the limited extent

                      of enhancing the compensation for permanent disability from Rs. 25,000/- to

                      Rs. 50,000/-. The rest of the Award dated 19th April 2006 remains unaltered.


                      16.     The Respondent Nos. 1 and 2 are directed to deposit the enhanced

                      amount of Rs. 25,000/-, along with interest @ 9% thereon from the date of

                      the Motor Accident Claim Petition No. 658 of 2004 till deposit, within four

                      (4) weeks from today in the Registry of this Court.


                      17.     Upon deposit of the said amount by the Respondent Nos. 1 and 2, the

                      Appellant is permitted to withdraw the amount.


                      18.     Registry to communicate this Judgment/Order to the Appellant.


                      19.     Award be drawn accordingly.




                                                            [ ASHWIN D. BHOBE, J. ]


           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR      KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
           2026.10.05
           16:25:23
           +0530




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