( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD FIRST APPEAL NO. 3211 OF 2009 Govind Ramkrishna Mule APPELLANT VERSUS Gopal Bhanudas Chavan and others. RESPONDENTS ..... Mr. S.S. Manale, advocate for the appellant. Mr. M.M. Ambhore, advocate for respondent No.3. ..... [CORAM : K.U. CHANDIWAL, J.] [DATE : 20th April, 2010] PER COURT : 1. Heard learned counsel for the respective parties. 2. The appellant/claimant feels aggrieved by the inadequate compensation, awarded in M.A.C. Petition No. 4/2002 by the learned Member, M.A.C. Tribunal, Latur, dated 8th December, 2004, to the extent of Rs. 2,35,000/- with interest at rate of 9 per cent per annum. 3. Learned counsel for the appellant submits, ( 2 ) considering the nature of injuries suffered by the appellant, he being disabled 50 per cent and unable to follow his regular pursuits, being suffered injury to his brain, there is 100 per cent loss of earning and this aspect is ignored by the learned Judge. The lumpsum award of Rs. one lac for future loss of income, is not adequate according to the learned counsel for the claimant. 4. The document at Exh-31, issued by Vivekanand Hospital, Latur, shows that the claimant was admitted in the said hospital on 14-06-2001 and discharged on 22-07-2001. He was again required to be attended/admitted on 11-08-2001 and discharged on 20-08-2001. The diagnosis illustrated head injury with acute subdural haemotoma on right parietal region and there was fracture to right fibula. The medical bills produced at Exh-32 illustrate purchase of several medicines from Vivekanand Hospital Medical Store at Latur intermittently. There should not be any question for such medical remittances made at the behest of the claimant. The claimant was 29 years of age as on ( 3 ) 13-06-2001 when the accident had taken place by the Matador, bearing registration No. MH-24/A-7362. 5. Considering overall survey and evidence of the claimant – Govind, it is clear that the claimant is unable to speak loudly. He has difficulties in digestion. There cannot be any arthematic calculation, in the case of an accident of such nature where the claimant apparently though certified to be 50 per cent disabled, has resultantly shown fully disabled to his earnings and better livelihood. In the fact situation, without further confronting upon the fallacy of the learned Judge in illustrating the award of Rs. 2,35,000/-, the interest of justice warrants, the amount of award needs to be enhanced from Rs. 2,35,000/- as awarded by the learned Member of M.A.C. Tribunal to Rs. 3,35,000/-, with interest at rate of 9 per cent per annum. Hence, order : ORDER The appeal is partly allowed. The award is modified from ( 4 ) Rs. 2,35,000/- to Rs. 3,35,000/- (rupees three lacs thirty five thousand), with interest at rate of 9 per cent per annum. The liability to make the payment rests on original respondents No. 1 to 3 jointly and severally, with costs. [ K. U. CHANDIWAL ] JUDGE NPJ/fa3211-09