1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO. 601 OF 2009 Sou. Rekha w/o. Rajendra Munot, R/o. House No. 45, Ambical Nagar, Kedgaon, Tq. & Dist. Ahmednagar. ....Appellant. Versus 1. Anil Birdichand Gandhi, R/o. Takli Dhokeshwar, Parner, Dist. Ahmednagar and one another ....Respondents. Shri. D.R. Jaybhar, Advocate for the petitioners. 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 passed by this Court, putting the parties on notice that the matter shall be finally decided at the stage of admission, the instant matter is heard finally by 2 the consent of parties. 2. The accident in question was occurred on 4.7.2002 at about 1.30 p.m. The appellant/claimant was proceeding on a scooter bearing No. MVB/6171 along with her husband and son. While the scooter was in a stationary condition, one jeep bearing No. MH-16/E-5815, which was being driven in rash and negligent manner, dashed the scooter. As a result, the applicant/claimant and her son suffered injuries. The appellant was taken to the hospital, where she was admitted for 10 to 12 days. The appellant filed claim petition No. 69/2003 before the Motor Accident Claims Tribunal at Ahmednagar, claiming total compensation of Rs.3,00,000/-. The appellant claimed that she has spent an amount of Rs.60,000/- to Rs.70,000/- towards medical expenses and towards permanent disability to the extent of 8% which she suffered as a result of accident, she claimed a total amount of compensation of Rs.3,00,000/-. The tribunal granted medical expenses to the tune of Rs.5,840/-, compensation towards permanent disability of 8% to the tune of Rs. 10,000/- and compensation for pains and sufferings and other incidental charges at Rs.10,000/-. Thus, the total claim awarded was for an amount of Rs.25,840/- for all counts. 3. The learned counsel for the appellant contended that the appellant was doing a tailoring business and as a result of injury suffered by her and the permanent disability to the extent of 8%, she had lost her 3 earning capacity. The appellant claimant also claimed medical expenses of Rs. 60,000/- to Rs. 70,000/- and the total claim was for Rs. 3,00,000/-. The learned counsel submits that the tribunal ought to have allowed the entire claim. 4. The learned counsel for the respondent No. 1 and 2 submitted that there is no evidence brought on record to substantiate the claim for total amount of Rs.3,00,000/-. Accordingly, the tribunal has correctly assessed the amount of compensation and the appellant is not entitled to enhance to the said amount. 5. So far as the medical expenses are concerned, although the appellant/claimant claimed an amount of Rs.60,000/- to Rs.70,000/-, the appellant/claimant produced bills only to the extent of Rs.5,840/- which the tribunal has granted. There is no evidence placed on record to substantiate the claim towards the medical expenses to the tune of Rs. 60,000/- to Rs.70,000/-. The appellant has not entered in the witness box and deposed in support of her contention. The appellant has neither examined the doctor nor produced any bills for an amount over and above Rs.5,840/-. The tribunal, in my opinion, is justified in granting the medical expenses to the tune of Rs.5,840/-. 6. So far as the claim of the appellant in respect of the permanent disability to the extent of 8% and loss of earning capacity is concerned, 4 again the appellant has failed to enter in the witness box and deposed in respect of the same. She has not filed any documentary evidence on record to establish that she was doing a tailoring business or that, she has lost her future earning capacity. The tribunal has recorded a finding that the appellant has not led any evidence to show that she is in a position to carry on any work because of this disability. Doctor has also not been examined. Still the tribunal has taken in to consideration the 8% permanent disability and has granted compensation of Rs. 10,000/-. The learned counsel for the appellant is unable to point out any evidence placed on record to substantiate the claim for an amount of Rs. 3,00,000/-. In view of this, it cannot be said that the finding recorded by the tribunal suffers from any infirmity in granting notional compensation to the tune of Rs.10,000/- for permanent disability. 7. The tribunal has granted an amount of Rs.10,000/- towards pains and sufferings. The learned counsel for the appellant is unable to point out the evidence on record to substantiate the claim for enhancement in compensation towards pains and sufferings against the compensation granted by the trial Court. In view of this, the claim for enhancement made by the appellant cannot be accepted. 8. In view of the aforesaid position, the tribunal was right in awarding the compensation to the tune of Rs.25,840/- on all counts along with interest at the rate of 7.5 % p.a. from the date of petition till its 5 realization. The instant appeal, therefore, stands dismissed. There shall be, however, no order as to costs. [ R.K. DESHPANDE, J. ] ssc/fa601.09