1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. FIRST APPEAL No. 1291 OF 2010 Shamshoddin S/o Mohiddin Daroge Age 61 years, Occu. Labour Work, R/o Helemb, Tq. Deoni, Dist. Latur ...APPELLANT VERSUS 1] Dattatraya S/o Babruwan Jadhav, Age 33 years, Occu. Bus Driver, R/o Rathoda, Tq. Nilanga, Dist. Latur. 2] Divisional Controller, Maharashtra State Road Transport Corporation, Latur, Tq. & Dist. Latur. .. RESPONDENTS ... Shri Sanjay V. Mundhe Advocate for appellant Smt. R.D. Reddy, Advocate, for respondent No. 2 CORAM :- S.V. GANGAPURWALA, J. DATE : 30th AUGUST, 2010. ORAL JUDGMENT :- The present appellant had filed a Motor Accident Claim Petition No. 24 of 2008, claiming compensation to the tune of Rs. Two lakh, with further interest on the count of permanent 2 disability suffered by him due to accident. 2. It is the case of the claimant, that the Motor vehicle of which he was traveling met with an accident with S.T. bus bearing registration No. MH-20-D-4252. The driver of the bus was driving the vehicle in rash, negligent and careless manner, because of which accident took place, in which the appellant was seriously injured. The applicant suffered following injuries on his person. 1] Compound committed fracture lower third feamer with bone back. 2] Fracture on lateral condile left tibia. 3] Fracture middle third right tibia fibula. The appellant suffered 45% permanent disability, as per the disability certificate Exh. 32. According to the appellant, he was earning Rs. 300/- per day i.e. 100/- per day from milk business and Rs. 200/- by doing masonry work, as labour charges. According to the claimant, though he is entitled to more than 3 eight lakh rupees, he has restricted his claim to Rs. Two lakh. The claimant also claimed Rs. One lakh for medical expenses, Rs. 10,000 for special diet, Rs. 10,000/- for traveling expenses, Rs. 50,000/- for pains and sufferings, Rs. 20,000/- for attendant charges, Rs. 25,000/- for future medical expenses, Rs. 75,000/- for loss of earning in the treatment period of one month, Rs. 25,000/- for loss of happiness, Rs. 5,40,000/- for loss of future income. 3. The claim petition was resisted by the respondents, by filing their say. They denied rash and negligent act of the driver of the bus. So also denied the income of the appellant. 4. The motor Accident Claim Tribunal, by its Award dated 7th April, 2009, partly allowed the claim petition and awarded Rs. 1,07,000/- including no fault liability amount, with interest @ 9% per annum, from the date of the petition till realization against the respondents jointly and severally. 4 5. The claimant has approached this Court, being dissatisfied by not awarding the amount of Rs. Two lakh as compensation. 6. Shri S.V. Mundhe, learned counsel for the appellants contended that it was erroneous on the part of the, Tribunal to consider the income of the appellant as Rs. 1250/- per month. Even if he gets as per Minimum Wages Act, it would be more than Rs. 100/- per day. According to him, even the medical expenses have not been properly considered, the appellant has proved that he has spent Rs. One lakh for medicines, so also the other claims. 7. Smt. Reddy, the learned counsel for the respondent No. 2, vehemently opposed the submissions of the learned counsel for appellant, and contended that the Court below has rightly considered all the circumstances and the evidence on record. No error can be found with the Judgment passed by the Tribunal. The appellant has not led any evidence to substantiate his case. 5 8. I have heard the learned Counsels at length and with their assistance gone through the record. 9. The Tribunal has only considered the income of the appellant as Rs. 1250/- per month. It is not disputed that the claimant was a fit person who was in position to earn, his income can be considered Rs. 100/- per day, which amount would be as per minimum wages. That would come to Rs. 3,000/- per month and Rs. 36,000/- per annum, deducting 45% from the same i.e. the disability which would be Rs. 16,200/-, applying the multiplier of 5 as is applied by the Tribunal, the amount payable for the loss of future income would come to Rs.81,000/-. The Bills towards medical expenses are to the tune of Rs. 76,595/-, there was no reason to disbelieve the same. The said bills are accepted in part and discarded in part. As such, Tribunal ought to have taken into account, the amount of Rs. 76,595/- towards the medical expenses. The amount awarded under other head i.e. Rs. 10,000/- towards attendant, Rs. 6 18,000/- towards traveling expenses and Rs. 5,000/- for loss of pains are reasonable and proper. 10. In the result, I allow the appeal and hold that the appellant is entitled for the compensation as under :- a] Loss of future earning Rs.81,000/- b] Medical expenses Rs.76,595/- c] Traveling expenses Rs.18,000/- d] Amount spent on attendant Rs.19,000/- e] loss of pains Rs.05,000/- Total :- Rs.1,99,595/- In the light of the above premise, the impugned Judgment to the extent of awarding Rs. 1,07,000/- as compensation amount to the appellant is modified, and the respondents are directed to pay jointly and severally an amount of Rs. 1,99,595/- (Rs. One lakh ninety nine thousand five hundred ninety five) to the appellant including the no fault liability amount of Rs. 25,000/-, if any, with interest @ 9% per 7 annum, from the date of registration of the application before the Tribunal till realization. Final Award be drawn accordingly. [S.V. GANGAPURWALA,J] SDM* 1291.10