Vikas Sitaram Gore v. Dhananjay Bharatrao Borde And ORS
2024:BHC-AUG:5105 (1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 11 CIVIL APPLICATION NO. 1774 OF 2024 IN FA/76/2024 VIKAS SITARAM GORE ....Applicant
VERSUS
DHANANJAY BHARATRAO BORDE AND ORS .....Respondents Mr. Amol P. Khedkar, Advocate for the applicant Mr. S. S. Rathi, Advocate for respondent No.3 CORAM :
S. G. MEHARE, J.
DATE :
08th MARCH, 2024 P. C.
1.
Heard the learned counsel for the parties.
2.
Learned counsel for the applicant submits that learned Tribunal considered the notional income of Rs.25,000/- per months for an engineering student. The learned Tribunal also considered the loss of earning capacity due to permanent disability. The permanent disability certificate is of 22%. However, learned tribunal has considered only 15%. The
(2) compensation has been correctly determined. The appellant has deposited only 75% of the amount of the award. Hence, the application be allowed.
3.
Learned counsel for the respondents submits that the applicant was hospitalized only for six days. He had a case that he was learning and earning. In such circumstances, notional income theory ought not to have been considered. Learned Tribunal awarded exorbitant amount of Rs.5 lakhs towards pain and suffering, trauma, inconvenience etc. Compensation on loss of earning capacity due to permanent disability has also been determined. Exorbitant amount of Rs.3 lakhs has been granted to him for loss of earning during period of treatment. 4.
Learned counsel for respondents submits that the compensation has been granted sympathetically instead of applying law. The facts remains that the applicants is met with accident and suffered disablement.
(3) 5.
Therefore, following order is passed:-
ORDER
i] The application is partly allowed.
ii] Applicant is allowed to withdraw 25% of the amount deposited with this court on the undertaking that he would deposit the amount, if the judgment and award is reversed.
[S. G. MEHARE, J.] VishalK/11ca1774.24