(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. FIRST APPEAL NO. 4138 OF 2008 Shri Dilip s/o. Eknath Kobarne, Age : 39 years, Occupation : Nil, R/o. Village Ganegaon, .. Appellant Taluka : Rahuri, (Original District : Ahmednagar. claimant) versus 1. Bhimraj s/o. Raghunath Perane, Age : 56 years, Occupation : Transport/Service, R/o. Rahuri Factory, Taluka : Rahuri, District : Ahmednagar. 2. The National Insurance Co. Ltd., Division Office, 101, Raj Chambers, .. Respondents Kotala Stand, Ahmednagar, (Original Taluka & District : Ahmednagar. opponents) ....................... Mr. N.C. Garud, Advocate, for the appellant. Mr. H.D. Deshmukh, Advocate, for respondent no.1. Mr. S.S. Chapalgaonkar, Advocate, holding for Mr. S.P. Chapalgaonkar, Advocate, for respondent no.2. (2) ........................ CORAM : K.U. CHANDIWAL, J. DATE : 22ND MARCH 2010 COURT'S ORDER : 1. Heard learned Counsel for the respective parties. Taken up for final hearing. 2. The inadequate compensation in terms of an award under the Workmen Compensation Act, 1923, is questioned by the suffered claimant. 3. The status of the claimant to be an employee with the vehicle owner and the insurance is not in controversy. The owner contended, claimant was a casual worker drawing a salary of Rs. 1500/- per month, however, did not authenticate the same by any coherent narration. The claimant asserted having received monthly salary or wages of Rs. 4500/-. The learned Judge, on analysis, could not dispel the same and accepted. However, while calculating the entitlement, the learned Judge has ignored the medical expenses suffered or rather paid by the claimant for which evidence of Dr. Daule, Orthopedic Surgeon, was produced. The bill issued by the (3) Doctor, Exhibit U-8/6, which demonstrated, Rs. 42,450/- are spent by the claimant on medical expenses. Thirty percent disability is also established by Exhibit U-4/7. 4. Taking these aspects into consideration, I find that the claimant (appellant) is entitled additionally to receive amount of Rs. 42,450/- with interest at the rate of 6 % from the date of petition till realization. The payment shall be joint and several responsibility of the respondent. Hence, I order accordingly. 5. The appeal is allowed in the above terms. No costs. ( K.U. CHANDIWAL ) JUDGE ......................... bgp/fa4138