SRI PRAKASH S/O DYANY KEDAR AGE: 37 YEARS, OCC: TRANSPORT BUSINESS R/O MATHPATI GAILI, BIJAPUR Vs. SRI GANESH S/O RAMACHANDRA RAUT AGE: MAJOR, OCC: OWNER OF VEHICLE BEARING NO. MH

JUDGEMENT

(1.) The claimant in MVC No. 1318/2009 on the file of Additional MACT No.V Bijapur has come up in this appeal seeking enhancement of compensation.

(2.) The fact that the claimant had sustained injuries in an accident on 25.4.2009 involving motorcycle bearing registration No.MH-45/G-4158 is not in dispute. It is also not in dispute that he suffered fracture of shaft of right femur.In the proceedings before Tribunal he relied mainly on Ex.P-9 which is disability certificate issued by PW 2 wherein the injury is proved, but the Court below without believing the extent of disability shown therein has taken disability said to have suffered by claimant at 10% to the whole body and proceeded to award compensation in a sum of Rs.2,24,000.00 towards loss of future earning and m addition to that by awarding compensation on other heads has allowed the claim petition granting compensation of Rs.3,29,000.00.

(3.) In the present appeal the counsel for the appellant tried to establish that the compensation awarded for loss of future earning is on the lower side. Further the compensation awarded towards medical expenses restricting it to Rs.35,000.00 as against 12 medical bills and one hospital bill which are produced and marked together Ex.P-8 amounting to Rs.60,000.00 Though the Court below has restricted the claim to Rs.35,000.00, no explanation is furnished to substantiate why Rs.25,000.00 has been discarded. This Court feel in the facts and circumstance of the case the appeal would survive only for that limited purpose. Accordingly at the stage of admission this appeal is disposed off in enhancing the compensation payable under medical bill to Rs.60,000.00 as against Rs.35,000.00 .