919-FA-668-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 668 OF 2011 WITH CIVIL APPLICATION NO. 2749 OF 2011 The Divisional Controller, Maharashtra State Road Transport Corporation, Ambejogai and Another ..APPELLANTS VERSUS Dagadu Sayyed Shaikh ..RESPONDENT .... Mr. F.K. Patel, Advocate h/f Mr. R.P. Adgaonkar, Adovate for respondent .... CORAM : ROHIT W. JOSHI, J. DATE : 20th AUGUST, 2026 PER COURT : 1. The respondent, while in the employment as driver with the Appellants, met with a road accident and suffered injuries. He claimed compensation under the Motor Vehicles Act and received Rs.25,000/- towards claim on no fault basis. Apart from that he has also preferred a claim application under the Workmen’s Compensation Act, which came to be registered as W.C.A. NO. 6 of 2010. The claim is computed on the basis of loss of earning capacity at 100%. The amount of Rs.25,000/- awarded under the Motor Vehicles Act was deducted from the said award. An amount of Rs.74,211/- paid by the appellants to the respondent towards medical expenses was also deducted. 1 / 2 2026:BHC-AUG:37913 919-FA-668-11.odt 2. The only contention of learned counsel for the Appellants is that the loss of earning capacity should not have been fixed at 100% for the reason that the learned Compensation Commissioner does not dispute that after having suffered injuries, the respondent was forced to leave employment. The respondent sustained fracture injuries to left shaft femur and fracture injuries to left tibia fibula and fracture to right leg and other injuries on his person, as a consequence of which he could not drive bus as earlier. It is also not in dispute that the respondent was required to quit employment on account of disability suffered due to injuries in the road accident. The respondent–employee has examined the doctor in support of his case of 100% loss of earning capacity. As against this, the Appellants have not led any evidence. 3. In view of above, no substantial question of law arises for consideration in the appeal. As such, First Appeal is dismissed with no order as to costs. 4. The amount deposited by the Appellants with the Compensation Commissioner be disbursed to the Respondent – employee alongwith the accrued interest, if any. 5. Civil application stands disposed of accordingly. ( ROHIT W. JOSHI, J. ) SSD 2 / 2