Rajendra Bhikaji Naik Satardekar vs Pradeep Suhas Naik

A.R. Joshi, J.—Heard learned Counsel for the appellant. Also heard learned Counsel for respondent No. 2.

Present appeal challenges the judgment and award passed by Presiding officer, Motor Accident Claims Tribunal, Panaji dated 26/02/2010. By the impugned judgment and award, the claim of the petitioner was partly allowed and compensation of Rs. 1,10,148/- with interest at the rate of 9% per annum was directed to be paid to the petitioner by respondents jointly and severally.

This is a case of claim of compensation for the injuries sustained by the appellant/claimant in the motor accident. Some discussion regarding the entitlement of the compensation to the present appellant/claimant is appearing in para 21 of the impugned judgment and award. Apparently, the Member, Motor Accident Claims Tribunal had taken proved earnings of the claimant at Rs. 14,161/- per month and net earnings at Rs. 10,222/- per month and awarded compensation towards permanent disability an amount of Rs. 93,228/-. Apparently, this is a major chunk of the compensation. However, there is no explanation or any reasoning given by the Tribunal, how the said amount of Rs. 93,228/- is arrived at. Also there is nothing mentioned in the judgment and award as to how much was the multiplier applied and by which method the said quantum was calculated. Also there is nothing to ascertain as to how much percentage of the disability has been accepted by the Tribunal though the medical papers show that the claimant had 76% disability affecting his vision and hearing and also facial deformity. For want of reasoning in order to arrive at this compensation towards permanent disability, the present matter is required to be remanded back to the Tribunal for giving reasoned order on the basis of the evidence already led. As such, the present appeal is partly allowed. The impugned award is set aside. The learned Presiding Officer, Motor Accident Claims Tribunal, Panaji to apprise the evidence led in the matter of Claim Petition No. 25/2006 afresh and after giving reasoning, arrive at the total compensation afresh, to be payable to the claimant. The Tribunal shall decide this aspect and pass final award within 6 months from the receipt of the Records and Proceedings. The amount of compensation already deposited by the Insurance Company with the Tribunal in view of the impugned award shall be adjusted accordingly, considering the compensation to be awarded on remand. In view of this order, office to comply at the earliest and send the Records and Proceedings with the directions to the learned Member, Motor Accident Claims Tribunal, Panaji. Respective parties to appear before the learned Member, Motor Accident Claims Tribunal, Panaji on 7/07/2014 at 10.00 a.m.