1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD FIRST APPEAL NO.1098/2007. (Sangram s/o Sheshrao Gitte Vs. Mr.U.Rajkumar s/o Kanakaiiah Uppu and Ors.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.SP Brahme, Advocate for appellant; Mr.SS Chapalgaonkar, Adv. for Resp.No.2; Mr.AM Phule, Adv. h/for Mr.DV Soman, Adv. for Resp.No.3. ________ CORAM : K.U.CHANDIWAL, J. DATE : 23 rd March, 2010. ... 1) Heard. 2) The claimant injured, aged 25/26 years, a driver by avocation, during the course of employment, suffered the brunt, facing amputation to his right leg. He asserts, that it was a 100% loss of his employment being a driver. The salary of the claimant to be Rs.4,000/- was established before the learned Judge. The claimant sought an amount of RS. 5,20,584/-. However, the learned Judge under Workmen's Compensation Act, has granted Rs.1,50,000/- with interest @ 6% p.a. 3) It is a sorry state of affairs, the learned Judge did not assign any reason as to what made him to reach to the 2 conclusion of awarding Rs.1,50,000/-, though there was voluminous record about the amputation to the right leg of the claimant; loss of his earnings and his earning source. 4) With the assistance of both the learned Counsel, in the light of provisions of Section 4(1)(b) of the Workmen's Compensation Act, the computations are re-assessed. The injury suffered by the claimant, being scheduled injury, component will be to 215.28 and the multiplier factor would be of 18. The assessment to the salary, being Rs. 4,000/-, 60% thereof would be Rs.2400/-. So ultimate figure comes to Rs. 4,13,237.6, it is rounded to Rs. 4,13,237/- only. The other details of interest remain unaltered. Hence order. 5) The appeal is allowed. The order of award of Rs.1,50,000/- is modified to Rs.4,13,237/- to be paid by original respondent nos. 1 and 2 with interest @ 6%. p.a. No costs. (K.U.CHANDIWAL) JUDGE bdv/fa1098.07