EBRAHIM FAKIR ANSARI Vs. SITARAM KAMALAKSHA KAMAT

JUDGEMENT

(1.) THE appellant herein is the original applicant. In a motor accident which took place on 29th August, 1984, the applicant sustained injuries. He was hit on his left leg and sustained serious injuries. He had to be operated twice and was under plaster for about a year. He had to be on leave for 8 months and 7 days. Dr. H.R. Jhunjhunwala, whose certificate dated 25th March, 1986 was obtained and produced, estimated his permanent disability at about 30 per cent.

(2.) THE learned Member found the driver of the Vehicle to be negligent and accordingly liable to pay compensation to the applicant However, as against the claim of the applicant for Rs. 1, 00, 000/-, the learned Member allowed the claim to the extent of Rs. 60, 504/-. Being not satisfied with the amount of compensation, the applicant has come in appeal.

(3.) MR . Kudrolli, the learned Counsel for the appellant, has not challenged before us the determination of the amounts under items Nos. 3, 4 and 5 at Rs. 28, 304/-, Rs. 200/- and Rs. 3, 000/- respectively. He has challenged the determination of amount of compensation in respect of special diet, pain and suffering and consequent loss of comfort and amenities and against non-awarding of any compensation in respect of likely loss of future income as a result of loss of earning capacity.