1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 1439 OF 2009 Office notes, office memoranda of Corum, appearances, Court’s orders or directions and Registrar’s orders. Court’s Judge’s orders. [ CORAM : K.U.CHANDIWAL, J.] DATE : 8TH JULY, 2009 1. Heard both the counsels extensively. As agreed, the matter has to be finally heard at admission stage without calling record and proceedings. 2. In an unfortunate accident, the claimant ranging from 42 – 45 years, suffered grievous injuries. He was hospitalized from 13/10/2006 to 5/11/2006 and was required to pay various medical bills including giving 2 medicines, which reached a figure of Rs. 94,099.54 proved before the learned Member, Motor Accident Claims Tribunal as referred in para no. 22 of the Judgment. 3. The contention by the counsel for the appellant/Insurance Company that the nature of injuries, as disclosed in para no. 19 of the Judgment, will not amount to permanent disability, is difficult to adhered to, as there is evidence of C.W. 2 Dr. Sandip More and he has certified that the injuries to the radius ulna, femur and tibia fibula at hand and leg were causing permanent disablement as there was nailing and insertion of rod in putting the bones in order. It is apparent, due to the application of nailing, in post operation the screws were removed. As such, the claimant has suffered a lot, even loss of his earnings and future prospects. The contention of Insurance Company that there was no driving licence, is raised for the first time and there is no contrary evidence to this effect. 3 4. The learned Judge while evaluating the evidence, caused calculations and ultimately reached a figure of Rs. 3,47,100/-. Though, there was controversy in relation to the exact age of the injured to be 42 years or 45 years, , however the multiplier applied, 30 % permanent disability accepted, can not be doubted. It does not need any interference. The First Appeal stands dismissed. No costs. 5. Civil Application 6667 of 2009 disposed of accordingly. 6. The amount remitted by the appellant/Insurance Company be remitted to the learned Member, Motor Accident Claims Tribunal, Latur who decided M.A.C.P. No. 277 of 2007. [ K.U.CHANDIWAL ] JUDGE knp/FA1439.09 4 5 6 7 8 9 10 11 12 13