FA/31/2001. 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. First Appeal No. 31 of 2001. APPELLANT : Kamalkar son of Shridhar Halwe, aged about 61 years, Occupation-service, resident of 335, Laxminagar, Nagpur-440 022. -VERSUS- RESPONDENTS : 1. Chief Engineer, Maharashtra State Electricity Board, Vidyut Bhavan, Katol Road, Nagpur. 2. Executive Engineer (Construction), Maharashtra State Electricity Board, O & M Division, Bhandara. 3. Controller of Vehicles, Maharashtra State Electricity Board, New Administrative Building, Rasta Peth, Pune. FA/31/2001. 2 4. Director of Insurance, Maharashtra Government Insurance Fund, New Administrative Building, 16th & 17th Floor, Opposite Mantralaya, Mumbai-400032. S/Shri D. N. Kukdey & B. Y. Vyawhare, Advocates for the appellant. Respondents no.1 to 3 served on merit. Shri G. E. Moharir, Advocate for the respondent no.2. CORAM: A. H. JOSHI, J. DATED: 17th APRIL 2009. ORAL JUDGMENT : 1. This appeal arises out of the Judgment and award passed in Claim Petition No.147 of 1998 by the Motor Accident Claims Tribunal, Nagpur. 2. The appellant was working as a Supervisor in Vishweshwaraya Regional College of Engineering, Nagpur. Due to the accident caused by Matador bearing Registration No. MTO/1896 which was owned by the Respondents No.1 to 3 and insured with Respondent No.4, he has suffered FA/31/2001. 3 injuries, such as amputation of 3rd toe of the right leg, and crush injury to two small toes thereof. He has also suffered hospitalization for 51 days, and was required to stay on leave for five months. 3. The appellant claimed compensation under various heads, however, has been awarded it as follows: Rs.25,000  For permanent disability. Rs.12,100 - For medical treatment. Rs.05,000 - For pains and sufferings. Rs.03,000 - For conveyance and special diet. Rs.02,766 - For Scooter repairs. [Quoted from page 20 of appeal paper book] totaling to Rs.47,866/- and interest at the rate of Rs.10 per cent per annum. 4. In the present appeal, serious debate is raised for awarding less compensation towards FA/31/2001. 4 pains and sufferings and failure to award the compensation towards the loss of leave for five months, his salary being Rs.3000/- per month. He also claims that there could have been award of additional compensation under the head of general damages. 5. Considering the fact that the appellant was hospitalized for 51 days. The pains and sufferings quantified by the Tribunal at the rate of Rs.5000/- is on extremely lower side. The pains & sufferings, discomforts, agony and shock together is liable to be quantified to the sum of Rs.50,000/-. 6. The said leave could have been otherwise used and availed by the appellant or even could have encashed it at the fag end of service or even intermittently. 7. Considering this aspect of the matter, leave salary for five months at the rate of Rs. 3000/- per month could be the fair compensation on this ground. Had the leave accumulated and FA/31/2001. 5 encashed at the fag end, its worth could have been far more than this, as his monthly salary. By that time would be far more. 8. The appellant would be entitled to Rs. 15000/- towards the leave lost by him. 9. Thus, the total compensation to which he would be entitled under these heads would be:- 1. Rs.50,000/- towards pains and sufferings, agony and shock; and 2. Rs.15,000/- towards loss of leave. 10. Total amount receivable by appellant under these two heads would come to Rs.65,000/-. The amount of Rs.5000/- towards pains and sufferings already granted would be deducted. 11. The award impugned, therefore, deserves to be modified. The appellant would be entitled to Rs.60,000/- with interest thereon as awarded by the Tribunal with proportionate cost in addition to award of the trial Court. FA/31/2001. 6 12. Appeal is partly allowed in terms of para 11 above. JUDGE //MULEY//