1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO. 583 OF 2009 Rohan s/o. Rajendra Munot, Age 16 yrs., Occu. Education, Through his legal Guardian Father Shri. Rajendra Uttamchand Munot, R/o. House No. 45, Ambica Nagar, Kedgaon, Tq. & Dist. Ahmednagar. ....Appellant. Versus 1. Anil Birdichand Gandhi, R/o. Takali Dhokeshwar, Tq. Parner, Dist. Ahmednagar and one another. ....Respondents. Shri. D.R. Jaybhar, Advocate for the petitioner. Shri. S.T. Shelke, Advocate for the respondents 1. Shri. V.N. Upadhye, Advocate for respondent No. 2. CORAM : R.K. DESHPANDE, J. DATE : 12th August, 2009 PER COURT : 1. Heard the learned counsel Shri. Jaybhar for the appellant, Shri. S.T. Shelke for respondent No. 1 and Shri. Upadhye, learned counsel for the respondent No. 2. In view of the order dated 28.4.2009, giving notice 2 to the parties that the matter shall be finally heard at the admission stage, the instant matter is taken up for final hearing by the consent of parties. 2. The accident in question occurred on 4.7.2002 at about 1.30 p.m. and the claimant, who was aged about 12 years at that time, was sitting on a scooter bearing No. MVB/6171. It is the case of the claimant that one jeep bearing No. MH-16/E-5815, being driven in rash and negligent manner, dashed the stationary scooter on which the appellant/claimant was sitting, causing thereby injury. The appellant has produced medical certificate showing that he had suffered a fracture shaft and a permanent disability to the extent of 14%. The appellant claimed total compensation of Rs.3,00,000/- in lumpsum. 3. The Motor Accident Claims Tribunal has awarded an amount of Rs.14,945/- towards the expenses incurred for medical treatment, in support of which the bills were produced on record by the appellant. For permanent disability the tribunal has granted an amount of Rs.14,000/- by way of compensation. In addition to this an amount of Rs.10,000/- was granted towards pains and suffering and other incidental charges. Thus, the total claim awarded was for an amount of Rs.38,953/-, with future simple interest on the unpaid amount at the rate of 7.5% p.a. from the date of filing of the petition till its realization. 3 4. The learned counsel for the appellant contends that the compensation awarded by the tribunal is meagre and it is not in proportion to the injury suffered by the appellant. He submits that the tribunal has failed to take into consideration the age of the appellant and future loss of earning capacity. The learned counsel contends that the tribunal should have granted the entire amount of Rs.3,00,000/- towards the compensation. 5. The learned counsel appearing for the respondent No. 1 Shri. S.T. Shelke and Shri. V.N. Upadhye, the learned counsel for the respondent No. 2 opposed the claim. According to them, the appellant himself has made claim for payment of lumpsum amount of compensation and he did not specify in the claim petition the separate heads under which he was claiming the amount. Apart from this, the learned counsel contend that there is no evidence brought on record by the appellant to establish his claim for total compensation of Rs.3,00,000/- or for an amount more than the one which is granted by the tribunal. 6. I have gone through the order passed by the tribunal. The appellant has not examined the doctor. He has merely submitted the bills to the tune of Rs.14,945/- which amount, the tribunal has granted. There is neither any justification put forth nor the evidence placed on record to substantiate the claim of compensation over and above the amount of Rs.14,000/- granted by way of compensation for permanent 4 disability by the tribunal and an amount of Rs.10,000/- granted by the tribunal for pains and sufferings. 7. In view of this, I do not find that the award passed by the tribunal suffers from any legal infirmity, even to substantiate the claim on facts no evidence is brought on record by the appellant/claimant. In view of this, I do not find any substance in the instant appeal. The same is, therefore, dismissed. There shall be no order as to costs. [ R.K. DESHPANDE, J. ] ssc/fa583.09