ash 1 fa-632.96 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.632 OF 1996 Maharashtra State Road Transport Corporation. .. Appellant Vs Shri Bhimaji H. Kulkarni. .. Respondent -- Shri G.S. Hegde along with Shri C.M. Lokesh for the Appellant. Shri P.B. Shah for the Respondent. -- CORAM ; A.S. OKA, J DATED : 14TH JULY, 2011 ORAL JUDGMENT ： . Heard learned counsel appearing for the Appellant and the learned counsel appearing for Respondent. 2. The Respondent is the original claimant in a claim petition under Section 110A of the Motor Vehicles Act, 1939 ( hereinafter referred to as “the said Act”). The Respondent was a pillion rider on a motor-cycle. A bus owned by the Appellant gave a dash to the said motor-cycle. As a result, the Respondent sustained injuries. Therefore, the claim for compensation was made by the Respondent in the sum of Rs.1,00,000/-. The compensation of Rs.80,000/- has been granted by the Tribunal under the impugned judgment and award. ash 2 fa-632.96 3. A claim petition was filed by the legal representatives of the person plying the motor-cycle. A common judgment was delivered in both the claims holding that the driver of the Appellant’s bus was negligent. The challenge by the Appellant in this appeal is only to the quantum inasmuch as the finding on the negligence has been accepted by the Appellant. 4. Learned counsel appearing for the Appellant submitted that there was no evidence to show that the income of the Respondent was Rs.2,500/- per month. He submitted that there was no evidence to show that the amount of medical expenses and conveyance expenses are of Rs.20,000/-. He submitted that the compensation granted of Rs.10,000/- for pain and suffering and Rs.20,000/- for disability was excessive. Learned counsel appearing for the Respondent supported the impugned judgment and award. 5. I have considered the submissions. I have perused the records. The break up of compensation of Rs.80,000/- granted by the Tribunal is as under:- “1. Rs.20,000/- towards disability 2. Rs.10,000/- pain and suffering ash 3 fa-632.96 3. Rs.20,000/- medical expenses and conveyance. 4. Rs.30,000/- loss of business ------------------ Rs.80,000/- Total. ------------------ . The Respondent stepped into the witness box. He stated that as a result of the injuries sustained in the accident, he became unconscious. He was admitted for a period of 20 days in Sassoon Hospital and thereafter, for a period of 1 and ½ months in a private hospital i.e. Patharkar Hospital, Kolhapur. He claimed that he was required to spend Rs.18,000/- to Rs.20,000/- for medical treatment and conveyance charges. He stated that he has lost the bills and vouchers. 7. As the regards his income and the age, in Paragraph 3 of the deposition it is stated thus:- “3. I was doing private business at the time of accident of winding of the motors and oil engines and assembling the engines. I have produced the licence of my business. Three employees were working with me at the time of accident. At the time of accident I was about 60 yrs of age and was earning Rs.2500 to 3000 p.m. from the said business. I have produced the documents showing my income at Rs.2500/- to 3000/- per month (Exh.30). Presently I cannot do the said business personally. My income from the said business is Rs.1700 to 1800 p.m.” ash 4 fa-632.96 8. Perusal of the cross-examination shows that there is absolutely no cross-examination made on the aspect of the source of earning and the income of the Appellant. Not even a suggestion is given that the income of the Appellant stated in the examination-in- chief is excessive. 9. Looking to the unchallenged version in the examination-in- chief, what is proved is the reduction of income by at least Rs.700/- per month. The age of the Respondent on the date of the accident was 66 years. Thus, yearly loss will be Rs.8,400/- and even the multiplier for the age group of 60 to 65 years is applied, the amount will be more than Rs.40,000/-. The amount of loss of income has been quantified by the Tribunal at Rs.30,000/-. In fact, the amount on the said count is on the lower side. 10. The Respondent was hospitalised for 20 days in Sassoon Hospital at Pune and for more than one month in a private hospital at Kolhapur. The certificate at Exhibit 32 discloses permanent partial disability to the extent of 20%. Therefore, the amount granted on account of medical expenses including the expenses of conveyance of Rs.20,000/- is reasonable. No separate amount has been granted on the count of special diet. On account of pain and suffering, a sum of Rs.10,000/- has been granted and on account of disability, a sum of Rs. ash 5 fa-632.96 20,000/- has been granted. Thus, the total compensation granted of Rs.80,000/- is reasonable and no interference is called for. Hence, the Appeal is dismissed with no orders as to costs. ( A.S. OKA, J )