1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.793 OF 2007 Shaikh Hayat Abbas - APPELLANT VERSUS 1) Smt. Shivbai Laxman Bodke and another. - RESPONDENTS ***** Mr.Anoop Patil, Adv. h/for Mr.RL Kute, Advocate for Appellant; Mr.Dhananjaya Deshpande, Advocatefor Resp.No.2. ----- CORAM : K.U.CHANDIWAL, J. DATE : 18th March, 2010. PER COURT : 1) Heard learned Counsel extensively. 2) The dissatisfied claimant in MACP No. 628/2002 (new) MACP No.468/2001 (old) by grant of award of Rs.3,46,700/-, to be inadequate, is in the First Appeal. 3) The applicant/claimant on 7.12.2000 was 2 proceeding from village Kuran to Nandur Shindgote by Pune Nashik road on his motorcycle, a tractor came from opposite direction and dashed, resultantly, the claimant suffered the injuries in the nature of three fractures to his right leg and left color bone. The record illustrate, the claimant was hospitalized for 63 days. The claimant asserts, he was drawing daily earning of Rs.75/-. The learned Judge has considered the medical bills as per Exhibit-43 to the tune of Rs.2,16,700/- and found the claimant’s entitlement to the same. 4) The contention that future prospects, being virtually defused, ought to have been considered, has several avenues to ponder upon. Firstly, the learned Judge was conscious, the Claim Petition before him was for an amount of Rs.3,00,000/-, he has by virtue of perusal of the medical bills, enhanced it to Rs.3,46,700/-. The learned Judge also considered the earning of the claimant at Rs.1500/- per month and loss of 3 income for six months to Rs.9,000/-. There is nothing to suggest, that the nature of injuries referred above, have indeed landed in a situation of permanent disablement to the claimant. The medical evidence was indeed not up to the mark, still the learned Judge showered the claimant with the payment of medical bills, having gone through the medical papers, highlighting that the claimant was hospitalized for 63 days. 5) Taking survey of these facts, I do not see that there is any error on the part of the learned Judge in the Award and no case for enhancement is carved out. First Appeal lacks merit, it is dismissed. No costs. (K.U.CHANDIWAL) JUDGE bdv/fa793.07