VRAJESH NAVNITAL DESHAI Vs. K BAGYAM

JUDGEMENT

(1.) Heard advocate for the appellant. Respondents are served. Nobody is present for them. This appeal is for enhancement of compensation granted by the Motor Accidents Claims Tribunal, raigad at Alibag by its judgment dated 31.7.1997. Since there is no cross-appeal or counter-appeal by any of the respondents, their liability to pay compensation has to be held in favour of the appellant. The question is of quantum. In the accident occurred, the present appellant suffered 44 per cent permanent partial disability. Certificate to that extent was proved by this appellant before the Tribunal by examining the doctor. Disability is in respect of inability to make movements of leg. The doctor stated that he, the appellant, will not be able to stand more than 2-3 hours and he cannot bend his leg, he cannot sit. He will have to undergo operation in future when pain will become intolerable. Hip joints which were replaced at the time of surgery, will have to be changed because, according to the doctor, artificial joints give problems after 15 to 18 years.

(2.) The claimant in his evidence stated that he cannot use Indian toilet, cannot sit on ground for taking meals, cannot drive vehicle for long time; he lost his four teeth and he cannot cut hard substance.

(3.) In view of this aforesaid evidence of the appellant as well as the doctor and proof of 44 per cent permanent partial disability, the counsel for the claimant contended that the Tribunal should have awarded compensation in that regard. He claimed that when the appellant has proved monthly income of Rs. 15,000 then considering 44 per cent disability, he will have to be compensated at least for 10 years, but he is claiming minimum amount of rs. 50,000 on that head.