MILIND Vs. CONTROLLER, MAHARASHTRA STATE ROAD TRANSPORT CORPORATION

JUDGEMENT

(1.) This is an Appeal under Sec. 173 of the Motor Vehicles Act, 1988 (for short, 'M.V. Act') for enhancement of compensation. The Appellant filed the Claim Petition No.645/2008 against the Respondent that, on 14/5/2008 while traveling on two-wheeler as a pillion rider from village Futala towards Kohamara in Gondia District, the State Transport Bus gave dash to the two- wheeler. In the accident, the Appellant suffered grievous injuries for which, he was hospitalized. The injuries resulted in the permanent disability. The Claim Petition was contested by the Respondent. On the basis of the evidence available on record, the learned Trial Court directed the compensation of Rs.10,000.00 with interest at the rate of Rs.7.5% from 23/1/2013 till payment was made.

(2.) It is submitted by the learned Advocate for the Appellant that, Medico Legal Certificate (MLC) available on record shows the disability suffered by the Appellant. The Appellant was a labourer and suffered 100% functional disability due to an accident. His notional income of Rs.3,000.00 per month be taken with the consequential benefits. The Appeal be allowed.

(3.) It is submitted by the learned Advocate for the respondent that, there was no evidence on record to show that, the Appellant suffered any disability due to the motor vehicular accident. The Disability Certificate was brought on record in the year 2012 i.e. after four years from filing the Claim Petition. The learned Tribunal has rightly passed the impugned Judgment and Award.