1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.645 OF 2009 Dawalat Majid Panjwani, ...APPELLANT CLAIMANT VERSUS 1. Lata Ashok Hiwale, and another. ...RESPONDENTS Mr.A.M.Nagarkar, Adv., h/f Mr.K.M.Nagarkar, Adv., for the appellant. Mr. S.S.Chapalgaonkar, Adv., for respondent no.2. ... CORAM : K.U.CHANDIWAL, J. DATE : 11/6/2009 ... PER COURT : 1. Respondent no.1, inspite of service, absent. Mr. S.S.Chapalgaonkar, Counsel, represents respondent no.2 Insurance Company. 2. By consent of the parties, the matter is finally heard at admission stage. 2 3. In an unfortunate accident dt.2nd May, 2002, the appellant/claimant suffered grievous injuries and, consequently, had treatment with Dr.Deelip Shirsat. He has spent more than Rs. 25,000/- to meet the medical expenses and also towards hospitalisation charges. There was cerebral concussion with fracture of skull bone in occipital region which has caused, as opined by the Doctor, 15 per cent permanent disability. The Counsel for the appellant reiterated that there is predictable gravity, foreseen by the original claimant due to the recurrence of pains and sufferings. However, such aspect is not established even by any additional proof. The request for remitting the matter to the learned Member to facilitate enhancement of the claim in the already decided petition cannot be entertained. 4. There was claim of Rs.50,000/- by the appellant claimant. The learned Member, apart from the amount of Rs.25,000/- under No Fault liability, has finally passed award for Rs.20,800/- with interest at the rate of 6 per cent from the date of app0lication till realisation. Considering the nature of injury suffered by the claimant, the medical bills and the certificate of Dr.Shirsath ( Exh.24), though the bill was of Rs. 8,806/- the family members were required to attend 3 the claimant at the hospital. There was special diet required to be taken. The claimant was indoor patient for initially for seven days and, thereafter, was under constant medication. Considering all these aspects and the claimant having been indicated to have suffered 15 per cent permanent disability, the amount of Rs.20,800/- as granted by the learned Member is modified and enhanced to Rs.25,000/- with the same interest, with costs. The appeal partly allowed in above terms. ( K.U.CHANDIWAL) JUDGE agp/office/fa645-05