: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1250 OF 2009 ALONGWITH CIVIL APPLICATION NO.2478 OF 2009 Flag Officer Commanding-in-Chief, HQ., Indian Navy, Western Naval Command, Mumbai ... Appellant V/s. Kalima Maula Mulla ... Respondent Mr. G. Hariharan i/b. Mr. M.S. Bhardwaj for the Appellant. Mr. T.J. Mendon for the Respondent. CORAM : SMT. NISHITA MHATRE, J. DATED : 24 TH AUGUST, 2009. P.C.: 1. The First Appeal has been filed against the Judgment and Order of the Motor Accident Claims Tribunal, Mumbai in MACT Application No.96 of 1994. The Tribunal has awarded an amount of Rs.2,71,000/- inclusive of no fault liability. The Tribunal has further awarded interest @ 7.5 ％p.a. from the date of filing of the application till the date of deposit. 2. The main contention of the appellant is that the Tribunal has erred in awarding such a huge amount by relying on a certificate of a Doctor from Bhagwati : 2 : Hospital. It is contended that the applicant was not treated in Bhagwati Hospital after the accident and was admitted to another hospital. She was hardly 5 years of age at the time of accident i.e. on 30th September, 1993. It is also contended that the cross-examination of the Doctor indicates that he had not carried out any further tests of the brain while issuing a certificate and, therefore, the award is incorrect. It is also contended that the disability certificate has been issued on the basis of some medical reports which fact has been admitted by the Doctor who was examined before the Tribunal. In these circumstances, according to the appellant, the disability certificate could not have been relied on by the Tribunal. 3. A perusal of the award of the Tribunal indicates that the respondent, i.e. the accident victim, was not only examined by a Doctor from the Bhagwati Hospital, but she was examined by the KEM Hospital and by a Doctor in a private Hospital also at various points in time. The award indicates that the Tribunal has considered the fact that the respondent-victim had not completely recovered from the head injury that she suffered in the accident. It was brought on record that her left hand trembled because of the damage to the : 3 : brain and that she had a huge scar on the forehead. 4. Taking all these factors into consideration, the Tribunal, on the basis of the evidence on record, has awarded several amounts under various heads viz. Rs. 21,000/- as cumulative damages and Rs.2,50,000/- as pecuniary damages on account of pain and sufferings, loss of amenities of life and diminished matrimonial prospects. 5. In my view, there is no error committed by the Tribunal while awarding this amount as the award is based on the evidence on record. 6. The First Appeal is dismissed. 7. In view of the above, Civil Application No.2478 of 2009 pending in the First Appeal does not survive and the same is dismissed. 8. The amount of Rs.25,000/- which has been deposited by the appellant while filing this First Appeal shall be transferred to the Motor Accident Claims Tribunal, Mumbai in MACT Application No.96 of 1994. : 4 : 9. An application is made orally by the learned Advocate for the appellant for a stay of the order. Stay refused. .......