Vishal Ashok Sonkul(Wani) Thr Next Friend Ashok Pundlik Sonkul(Wani) v. Maharashtra State Regional Transport Corporation, Thr Divisional Controller, Jalgaon Div. And ANR

ca4664.17 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4664 OF 2017 IN FAST/27909/2016 WITH CA/15703/2016 IN FAST/27909/2016 WITH CA/15704/2016 IN FAST/27909/2016 VISHAL ASHOK SONKUL(WANI) THR NEXT FRIEND ASHOK PUNDLIK SONKUL(WANI)

VERSUS

MAHARASHTRA STATE REGIONAL TRANSPORT CORPORATION, THRDIVISIONAL CONTROLLER, JALGAON ...

Advocate for Applicant : Mr. Patil Vijay B.

Advocate for Respondents : Mr. Mr. M. K. Goyanka .....

CORAM : V. K. JADHAV, J.

DATED : 12th APRIL, 2017 PER COURT:- 1.

Learned counsel for the applicant submits that the applicant had sustained injuries in the accident, which resulted into permanent disablement to the extent of 60%. The applicant's left hand below elbow came to be amputated and he has lost the fingers of his right hand. The applicant has incurred huge medical expenses. 2.

Learned counsel for the respondent M.S.R.T.C. submits that the Tribunal has awarded exorbitant amount of compensation. Learned counsel submits that without there being any income proof, the Tribunal has considered the income of the applicant from his computer institute of Rs.1,00,000/- p.a. and also considered the loss of agricultural income to the tune of Rs.50,000/- p.a. even though

ca4664.17 -2the corpus of the land remained as it is and the land is under cultivation.

3.

In view of above submissions and considering the challenge made to the judgment and award passed by the Tribunal, the applicant is hereby permitted to withdraw 50% of the amount out of the amount deposited in this court, on furnishing undertaking to the satisfaction of Registrar (Judicial) of this court. 4.

Civil application is disposed of.

( V. K. JADHAV, J.) rlj/