1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR First Appeal No. 269 of 2003 New India Assurance Co...vs.. Mrs. Ayushi Anand Mohgaonkar and 2 ors. ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------- Shri A.J.Phophaly, Advocate for appellant. CORAM: C.L. PANGARKAR, J. DATED: 08th September, 2009. Heard Shri Phophaly, learned Counsel for the appellant. This appeal has been preferred against the award passed by Motor Accident Claims Tribunal, Nagpur. On the date of incident, the claimant was riding 'Luna'. It is alleged that the scooter driven by respondent No.2 gave a dash to Luna driven by the claimant. Due to which, she suffered compound fracture and she was required to undergo surgery and there was shortening of leg due to the said injury. Therefore, she claims compensation. The learned Judge of the Tribunal, upon hearing the parties and going through the evidence on record held that the claimant is entitled to compensation of Rs.1,72,000/- minus(-) Rs.25,000/- paid towards no fault liability. The Insurance Company has preferred this appeal and raises only one ground that the compensation awarded to the claimant is excessive and that should not exceed more than 2 Rs.One lakh. After having considered and going through the decision of the Tribunal, I do not find that the learned Judge has awarded any excess amount to the claimant. It is clear from the judgment of the Tribunal that the claimant had suffered compound fracture and there was shortening of leg and that the claimant at that time was only 23 years of age and was a marriageable girl. In view of this, I do not find that the compensation awarded by the Tribunal is on the higher side. Therefore, there is no substance in the appeal and the same is dismissed in limine. JUDGE Andurkar.