Dayanand Pandurang Patil v. Hitesh B. Patni And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.505 OF 2013 Dayanand Pandurang Patil Age-32 years, Occ: Nil, R/o. Savarde Budruk, Taluka-Kagal, District-Kolhapur } } } } ...Appellant

Versus

1. Hitesh B. Patni R/O. S.No.114, Village-Rakholi, District-Dadara & Nagar Haveli of Silvasa (Owner of Tanker No.DN-09/C 9025) } } } } } } } } by NILAM SANTOSH KAMBLE Date: 2025.07.30 11:14:49 +0530 NILAM SANTOSH KAMBLE (This amendment is carried out as per RJ-II order dated 26/11/2013) New Address : R/at 306, Glacier Complex, Jetalpur Road, Alkapuri, Baroda-39007, State-Gujrat.

2. United India Insurance Co. Ltd.

Rajeshri Shahu Sadan, Near Congress Bhavan, Station Road, Kolhapur, DistrictKolhapur. (Insurance Co. of Tanker No.DN-09/C 9025) } } } } } }

...Respondents

---- Mr.Sudhakar G. Thorat, for the Appellant.

Mr.Amol Gatne, for Respondent No.2.

---- CORAM : SHIVKUMAR DIGE, J.

DATE : 15th JULY 2025 N.S. Kamble page 1 of 5

ORAL JUDGMENT :

.

By this Appeal, the Appellant is seeking enhancement of compensation.

2.

It is contention of the learned counsel for the Appellant that, due to accidental injuries, both legs of the Appellant got fractured. He has suffered 25% permanent physical disability and was admitted in hospital for around 80 days. The Tribunal has not awarded future prospects and compensation awarded under other heads is on lower side. Hence, requested to allow the Appeal. He relied on Rajkumar V/s. Ajay Kumar & Anr1.

3.

It is contention of learned counsel for the Respondent-Insurance Company that, the fracture suffered by the Appellant is united, so there was no actual injury to the Appellant. The learned counsel further submitted that, as there was no actual loss to the income of the Appellant. He is not entitled for future prospects. The Tribunal has passed well reasoned order, no interference is required in it and requested to (2011) 1 Supreme Court Cases 343 N.S. Kamble page 2 of 5

dismiss the Appeal.

4.

I have heard both learned counsel. Perused judgment and order passed by the Motor Accident Claims Tribunal ('The Tribunal' for short), Kolhapur.

5.

It is Claimant's case that, due to accidental injuries his both legs got fractured. The doctor has given disability of 25%. The disability of the Claimant has not been challenged by the Insurance Company. It has come in the evidence of PW-3 Dr.Suresh Kurade that due to accidental injuries, the Claimant could not walk and sit properly. The Claimant was a Judo Karate coach. Due to accidental injuries, his day to day life activities are affected. At the time of accident, he was 27 years old, hence he is entitled for 40% future prospects. Though it is contention of the learned counsel for the Insurance Company that, future prospects cannot be given to the Appellant as his injuries were united and there is no loss to the income of the Claimant. 6.

In my view, it has come in the evidence of the doctor that, there is problem to the Claimant as he could not walk and sit properly. The Claimant was a Judo Karate coach, and his income N.S. Kamble page 3 of 5

is affected due to accidental injuries, hence, he is entitled for future prospects. The Tribunal has awarded compensation amount on lower side under other heads. Considering these fact's, he is entitled for following compensation. Particulars Amount Monthly Income due to disability Rs.3,000.00 (+) Future Prospects (40%) Rs.1,200.00 Rs.4,200 x 12 x 18 x 25% Rs.2,26,800.00 Medical Expenses Rs.1,11,259.00 Pain and Suffering Rs.10,000.00 Attendance Charges Rs.10,000.00 Loss of Carrier and Amenities Rs.25,000.00 Conveyance Charges Rs.10,000.00 Special Diet Rs.5,000.00 Loss of earning during Hospital Rs.12,000.00 ------------------ Total Rs.4,10,049.00 (-)Tribunal Awarded Rs.2,95,000.00 Total Just Compensation Payable Rs.1,15,059.00 7.

In view of above, I pass following order.

ORDER

(i) The Appeal is allowed.

(ii) The Claimant is entitled for enhanced N.S. Kamble page 4 of 5

compensation of Rs.1,15,059/- @7.5% interest from filing of the Claim Petition till realization of the amount.

(iii) The Respondent-Insurance Company shall deposit the enhanced amount along with interest thereon within six weeks after receipt of this order. (iv) The Claimant shall pay deficit Court Fees on enhanced amount, as per Rules.

(v) The Claimants shall pay deficit Court Fees on enhanced amount, as per Rules.

(vi) All pending Civil and Interim Applications are disposed of.

(SHIVKUMAR DIGE, J.) N.S. Kamble page 5 of 5