TRIMURTI PAWAN PRATISHTHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant/original claimant impugns the judgment and award dtd. 4/2/2013 passed by the Motor Accident Claim Tribunal, Ahmednagar in M.A.C.P. No.245/2002 and seeks enhanced compensation.

(2.) With the consent of the parties, matter is taken up for final hearing.

(3.) Mrs. Bora, learned Advocate appearing for the appellant would submit that the claimant suffered serious injuries in accident dtd. 26/7/2002. The claim for compensation was raised before the Tribunal under Sec. 166 of the Motor Vehicle Act. The Tribunal passed meagre award of Rs.8,54,770.00 as against claim of Rs.16,00,000.00. She would submit that consequent to accident injuries, the claimant has suffered 60% permanent disablement. He is a teacher by profession. The evidence of Doctor clearly demonstrates that the claimant had suffered multiple injuries including dislocation of left shoulder, injury to urethral bladder with fracture to the pelvis resulting into deformity. The Doctor opined that the claimant would be facing difficulty in maintaining sexual relations with his spouse. She would further urge that due to the loss of penis, the claimant would have tremendous impact on sexual life and psychological status. However, Tribunal has not considered the aforesaid aspects while assessing the compensation. She would further submit that due to accidental injuries, movements of the claimant have been restricted and no compensation is assessed for such losses. She would, therefore, urge that the compensation needs to be adequately enhanced. In support of her contentions, she relied upon the judgment of the Supreme Court in case of G. Ravindranath Vs. E. Srinivas and Ors.AIR 2013 SC 2974.