{1} IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO.398 OF 2009 01- Prakash Vitthal Pardeshi R/o Mahalungi Tq. Motala Dist .Buldhana. APPELLANTS VERSUS 01- Madhavrao Baburao Patil R/o Warada Tq. Bodwad Dist. Jalgaon 02- Prakash Baburao Patil R/o Premnagar, Jalgaon. 03- Bhavrao Baburao Patil R/o Ward [KH] Tq. Bodwad Dist. Jalgaon. 04- The United Insurance Co., Ltd. Mansing Market, Ahmednagar. RESPONDENTS. *** Shri A.M.Ghulap, advocate for appellant. Shri A.B.Gatne, advocate for respondent no.4. *** Coram : K.U.Chandiwal, J. Date: 29th June 2009. P.C.: 01- By consent of parties matter is finally heard. {2} 02- Heard learned counsel extensively. Counsel representing insurance company has harped that the medical certificate Ex.33 on which the case rests is not established. However, considering the evidence of the injured who was seen by the learned Judge, there is apparently shortening in the leg of the claimant which has made him difficult to follow his regular pursuits as a labour. It is no doubt clear, he has, owing to the accident, lost all happiness in his life. There cannot be a scale for disability to this effect. The compensation which the learned judge has arrived at to the tune of Rs. 15,000/- towards pain and suffering and Rs.16,969/- towards the medical bills and expenses needs modification has under; 03- The medical bills having been proved, no change or addition is required. However on account of pain and suffering, the learned judge has having awarded Rs.15,000/-, which is enhanced to Rs.40,000/- [Rs.Forty Thousand only]. The other terms in the order under challenge remain unaltered. Appeal allowed in above terms. No costs. [K.U.CHANDIWAL] JUDGE /mda/0609/fa398.09