4-FA-564-2022-JUDG.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.564 OF 2022 Mr.Sahadev Dinkar Ghadigaonkar Age-39 years, Occ: Service R/o.Madhali Kumbharwadi, Kudal, Taluka-Kudal, District-Sindhudurg } } } } ...Appellant Versus 1. Mr.Lokesh Rambharos Malviya Age-37 years, Occ: Driver, R/o. Ward No.3, Khillikheda, Amoda Obedullagang, Raisen, State-MP } } 2. National Insurance Co. Ltd. Office at 205, B, E- Ward, Cosmos Commercial Complex, New Shahupuri, Kolhapur, District-Kolhapur } } } } ...Respondents ---- Mr.Amey C. Sawant a/w Ms.neha Zanje, Mr.Vikram N. Walawalkar, for the Appellant. Ms.Poonam Mital, for Respondent No.2. ---- CORAM : SHIVKUMAR DIGE, J. DATE : 11th JUNE 2025 ORAL JUDGMENT :- . By this Appeal, the Appellant is seeking enhancement of compensation. N.S. Kamble page 1 of 5 NILAM SANTOSH KAMBLE Digitally signed by NILAM SANTOSH KAMBLE Date: 2025.06.24 10:43:22 +0530 4-FA-564-2022-JUDG.doc 2. It is contention of learned counsel for the Appellant that, due to accidental injuries he has suffered 89% permanent physical disability and his right leg is amputated. The Tribunal has not awarded compensation for maintenance of artificial leg and rehabilitation of amputated leg and accessories. Hence, requested to allow the Appeal. 3. It is contention of the learned counsel for the Respondent-Insurance Company that, after the accident the Appellant is continued in service, so there is no actual loss of income. The Tribunal has passed well reasoned order and no interference is required in it. Hence requested to dismiss the Appeal. 4. I have heard both learned counsel. Perused judgment and order passed by the Motor Accident Claims Tribunal (‘The Tribunal’ for short), Sindhudurg. 5. Admittedly, due to accidental injuries the Claimant has suffered 89% permanent physical disability and his leg is amputated. The Tribunal has awarded cost of artificial leg at Rs.4,19,501/-. In my view, at the time of the accident the N.S. Kamble page 2 of 5 4-FA-564-2022-JUDG.doc Claimant was around 36 years old and due to amputation of leg he has to suffer for his whole life and after the accident he was treated for several times. Hence, I am considering the cost of operation, which was done after the accident but has not been considered by the Tribunal at Rs.78,526/-. I am considering cost of maintenance of the artificial leg at Rs.7,00,000/- as it requires replacement of artificial leg for every three year. The Tribunal has awarded compensation for pain and suffering on lower side. I am considering it at Rs.2 lakhs, for loss of enjoyment of life, Rs.2 lakh, for attendance, Rs.25,000/- for special diet Rs.25,000/- for conveyance Rs.25,000/-. 6. Considering the above calculations the Claimants are entitled for following compensation. Particulars Amount Loss of amenities and reduction of future earning capacity Rs.9,99,000.00 Medicine Bills Rs.7,533.00 Costs of Artificial Leg Rs.4,19,501.00 Cost of Operation of thigh due to artificial leg Rs.78,526.00 Future cost of maintenance of artificial leg Rs.7,00,000.00 Costs of rehabilitation of amputated N.S. Kamble page 3 of 5 4-FA-564-2022-JUDG.doc leg and the accessories :- (i) Pain & Suffering (i) Loss of enjoyment of life (ii) For Attendance (iii) For Special diet (iv) For Conveyance Rs.2,00,000.00 Rs.2,00,000.00 Rs.25,000.00 Rs.25,000.00 Rs.25,000.00 Total Rs.26,79,560.00 Tribunal Granted (-) (-)Rs.14,76,034.00 Enhanced Compensation Rs.12,03,526.00 7. Considering the calculations of this Court it comes to Rs.26,79,560/-, if this amounts deducts from the amount considered by the Tribunal at Rs.14,76,034/- it comes to Rs.12,03,526/-. 8. In view of above, I pass following order. ORDER (i) The Appeal is allowed. (ii) The Claimant is entitled for enhanced compensation of Rs.12,03,526/- @ 7.5% per annum from date of filing Claim Petition till realization of the amount. (iii) The Respondent shall deposit enhanced amount with interest within six weeks after receipt of the order. N.S. Kamble page 4 of 5 4-FA-564-2022-JUDG.doc (iv) The Claimant is permitted to withdraw the deposited amount alongwith interest. (v) Record and Proceedings be sent back to the Tribunal. (vi) The Claimant shall pay deficit Court Fees on enhanced amount, as per Rules. (vii) All pending Civil and Interim Applications are disposed of. (SHIVKUMAR DIGE, J.) N.S. Kamble page 5 of 5