SUNIL S/O SHRIDHAR HALADANKAR Vs. DIVISIONAL MANAGER

JUDGEMENT

(1.) Though this appeal is listed for admission, but with the consent of the learned counsel for the appel lant and the respondent, the matter is taken up for final disposal.

(2.) The appeal is directed against the judgment and award rendered by the Tribunal in MVC No.1835/2014 dated 03.03.2017 whereby awarded compensation in a sum of Rs.15,52,000/- with interest at the rate of 9% per annum. The same has been incorporated in the operative portion of the order. The compensation awarded by the Tribunal are found to be inadequacy and also on the lower side in respect of the income has been held by the Tribunal and so also consideration for disability factor in respect of the injured, which is contrary to the opinion issued by the doctor, who gave treatment to the injured and also issuance of Disability Certificate. Therefore, in this appeal it requires for intervention of the impugned judgment and to award the compensation suitably.

(3.) It is evident in the claim petition that on 27.05.2014 at around 12.00 noon, the petitioner-appel lant said to be injured was proceeding in his motorcycle bearing registration No.MH-08/Q-0517, on Rajapur- Haradi road, wherein the injured came near Haradi bridge, an MSRTC Bus bearing registration No.MH-14/BT-0270, which driven by its driver in a greater speed and unable to control the said bus and hit on the motorcycle of the injured. Due to the said impact, the petitioner who sustained grievous injuries. The same has been revealed in the Wound Certificate and also the Disability Certificate issued by the doctor. The injured was shifted to Civil Hospital, Rajapur in order to provide treatment to him and thereafter he was shifted to Dr.Milind Patwardhan Hospital, Ratnagiri and so also he was shifted to Chiravu Hospital, Ratnagiri, wherein he was in hospitalization for a period of seven days. Subsequently, he was shifted to Aster Adhar Hospital, Kolhapur in order to provide treatment to the injured to save his life, the injured has incurred huge amount for medical expenses. The petitioner was aged about 35 years and he was doing fruit business and having earning capacity in a sum of Rs.18,000/- per month. The petitioner was maintaining his family members out of his earnings, but due to the injuries sustained by him, he is not in a position to discharge his work as he was earlier discharge and the injured who became permanently disabled. These are all the grounds as urged in the claim petition and sought for suitable compensation.