1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR FIRST APPEAL NO.577/2008 Ashok s/o Eknath Jodh ...Versus... Divisional Controller, Maharashtra State Road Transport Corporation ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------- [Shri Joshi, Adv. for appellant] CORAM:- A.B. CHAUDHARI, J. DATED :- 22.06.2009 Learned Counsel for appellant argued that though the claim made by the appellant was to the extent of Rs.75,000/- the Tribunal has awarded only Rs.52,700/- with interest @ 9% per annum and therefore, this Court should in the present first appeal award the difference. He further argued that there is injury to the neck of the appellant/claimant that was caused because of the rash and negligent driving of the bus driver of the M.S.R.T.C. as the bus fell down in the “Ghat” and several passengers received injuries including the appellant/claimant. He then argued that his client is required to go to his office where he is working as senior clerk by hiring autorikshaw every day. I have heard learned Counsel for the appellant for quite sometime and also gone through the impugned judgment and award made by the Motor Accident Claims Tribunal. There is no dispute that bus driver was 2 negligent and that is why accident took place. But then looking to the amount of compensation awarded by the Tribunal it is seen that the Tribunal has considered all aspects of the matter and it found that the disablement was only to the extent of 18%. Considering the said percentage of disablement the Tribunal awarded the said amount of compensation that too with interest @ 9% per annum. In my opinion, the Tribunal has taken sufficient care to award just compensation to the appellant/claimant looking to the fact that disability was only to the extent of 18% and that too at the neck portion of the body. As a matter of fact the Tribunal has considered the said aspect of the matter regarding hiring charges and granted an amount of Rs.21,700/-. Thus, it is seen that on all counts the Tribunal has granted compensation to the appellant/claimant. There is no reason for this Court to enhance the compensation as claimed by the appellant/claimant. In the result, first appeal is dismissed. No order as to costs. JUDGE ssw