27-FA-25-2012 JUDGMENT.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 25 OF 2012 Balasaheb Hari Bhosle Age : 55 years, Occ. Nil, R/o. Bendri, Shivajinagar, Taluka Tasgaon, District : Sangli. ] ] ] ] …. Appellant (Original Claimant) Versus 1. The General Manager, M.S.R.T.C. Mumbai, (The owner of S.T. Bus bearing No. MH-12- FA-1933) ] ] ] ] 2. Rangrao Bhagwan Patil, Age: 45 years, Occ: Driver R/o. Tasgaon, Somwar Peth, Shintre Wada, Taluka: Tasgaon District : Sangli. (The driver of S. T. Bus bearing No. MH-12/FA-1933). ] ] ] ] ] ] ] 3. The General Manager, The Internal Insurance Fund for M.S.R.T.C., Mumbai (The insurance company of ST. bus bearing No. MH-12/FA-1933) The Summons of Respondent Nos.1 to 3 be served upon the Divisional Controller, M.S.R.T.C. Sangli) ] ] ] ] ] ] ] ] …. Respondents (Original Opponent Nos.1 to 3. Shantanu S. Dhudum 1/5 SHANTANU SHANKARSA DHUDUM Digitally signed by SHANTANU SHANKARSA DHUDUM Date: 2025.08.06 16:37:19 +0530 27-FA-25-2012 JUDGMENT.doc ----- Mr. Sudhakar G. Thorat, Advocate for the Appellant. Ms. P. M. Bhansali i/b G. S. Hegde & Associates, Advocate for Respondent No.1. ----- CORAM : SHIVKUMAR DIGE, J. DATE : 24th JULY, 2025. JUDGMENT. : 1. This appeal is preferred by the Appellant – Claimant for enhancement of compensation. 2. It is contention of learned counsel for the Appellant – Claimant that due to accidental injuries, the Claimant has suffered 60% permanent physical disability, and his left leg is amputated below knee, but the Tribunal has awarded compensation on lower side, it be awarded. The future prospects is not awarded by the Tribunal and multiplier is also wrong applied. Hence, requested to allow the appeal. 3. It is contention of learned counsel for the Respondent – Insurance Company that, the Tribunal has passed well reasoned order on the basis of evidence produced on record, no interference is required in it, and requested to dismiss the appeal. 4. I have heard both learned counsel, perused the judgment Shantanu S. Dhudum 2/5 27-FA-25-2012 JUDGMENT.doc and order passed by the Motor Accident Claims, Tribunal Sangli, (for short, “the Tribunal”). 5. Admittedly, due to accidental injuries, the Claimant’s left leg has been amputated below knee. The Claimant has suffered 60% permanent physical disability. At the time of accident, the Claimant was 52 years old. The Tribunal has considered his monthly income at Rs.3,000/-, but future prospect is not given. Hence, I am considering 50% future prospects. The Tribunal has not applied proper multiplier. The proper multiplier is 11. The Tribunal has awarded Rs.20,000/- for pain and suffering, I am considering it at Rs.50,000/-. The Tribunal has not awarded attendance charges, I am considering it at Rs.20,000/-. The Tribunal has not awarded compensation for loss of comfort and loss of amenities in life, I am considering it at Rs.1,00,000/-. The Tribunal has not awarded compensation for conveyance charges, I am considering it at Rs.30,000/-. The Tribunal has not awarded amount for special diet, I am considering it at Rs.25,000/-. The Tribunal has not awarded amount for artificial limb, I am considering it at Rs.9,00,000/-. The Claimant has suffered 60% permanent physical disability, he was doing labour work. Due to amputation of his leg, his functional Shantanu S. Dhudum 3/5 27-FA-25-2012 JUDGMENT.doc disability is 100%. Hence, I am considering 100% functional disability. 7. Considering above calculations, the Claimant is entitled for following compensation. Monthly income Rs.3,000/- Annual income Rs.36,000/- Multiplier 11 (Rs.36,000/- X 11) Rs.3,96,000/- Add: 40% future prospects Rs.1,58,400/- Total Rs.5,54,400/- Medical Expenses Rs.15,000/- Pain and Suffering Rs.50,000/- Attendance charges Rs.20,000/- Loss of comfort and loss of amenities in life Rs.1,00,000/- Conveyance charges Rs.30,000/- Special Diet Rs.25,000/- Artificial Limb Rs.9,00,000/- Total compensation Rs.16,94,400/- Less awarded by the Tribunal Rs.1,50,000/- Enhanced compensation Rs.15,44,400/- 8. In view of above, I pass following order: ORDER i. The Appeal is allowed. ii. The Claimant is entitled for enhanced amount of Rs.15,44,400/- @ 7.5% interest per annum from the date of filing claim petition, till realization of the amount. Shantanu S. Dhudum 4/5 27-FA-25-2012 JUDGMENT.doc iii. The Respondent – Insurance Company shall deposit the enhanced amount along with accrued interest thereon, within six weeks after receipt of this order. iv. The Claimant is permitted to withdraw the deposited amount along with accrued interest thereon. v. The Claimant shall pay the deficit Court fees on enhanced amount, if any, as per Rules. vi. Record and Proceedings be sent back to the Tribunal. 9. All pending applications, if any, also stand disposed of. ( SHIVKUMAR DIGE, J.) Shantanu S. Dhudum 5/5