SUNIL @ BAPU DAMODAR JAGTAP Vs. KADU GANGARAM KOLI

JUDGEMENT

(1.) This is claimant's Appeal for enhancement. The claimant Sunil Jagtap aged 49 years, a barber had filed petition before M.A.C.P. No. 203/2011, Jalgaon for compensation of Rs.3,00,000/- on account of permanent disability sustained due to injury to his leg. The learned Member of the trial court awarded Rs. 2,38,100/- with interest @ 8 % per annum.

(2.) Being aggrieved, claimant has filed this Appeal for additional sum of Rs. 3,00,000/-.

(3.) Shri. S.S. Bora, learned advocate for the appellant argued that the finding of the learned trial court that the driver of the truck which gave dash to the Scorpio in which the claimant was travelling was alone rash and negligent has been accepted by the Member, MACT and has not been challenged. Similarly, there is finding of 15 % disability which is also not assailed by the respondents. The claimant is claiming enhancement on the ground that there was 100 % functional disability. The claimant was having income of Rs. 9,000/- per month, but the trial court has assumed it at Rs.6,000/- per month. The claimant has produced income tax returns in support of his claim of income. Functional disability should have been held at 100 %. Besides, there should have been appropriate and reasonable compensation on account of permanent disability and loss of amenities and enjoyment of life and pains and sufferings.