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2009 Supreme(Bom) 225

K.U.CHANDIWAL
Kishanlal Deceased Through his Legal Heirs – Appellant
Versus
Maharashtra State Road Transport Corporation – Respondent


Advocates appeared:
For the Petitioners:V.S. Bedre, Advocate.

Judgment

1. The grant of award of Rs.30,000/- as against the claim of Rs.one lakh is subject to challenge in the present first appeal.

2. The accident in question where the bus colluded while safeguarding a cyclist at a tree and the claimant having suffered injuries is not in controversy. The claimant was admitted initially at the Medical College Hospital at Aurangabad for three days. Thereafter he was admitted and treated at the dispensary of Vishnu Sitaram Yadkikar (PW-1) for a period of one month after two days of the accident. The important aspect in the matter is, after a year of the accident PW-1 noticed permanent disability to the claimant which was assessed at 65%, such certificate is issued at Exh-38.

3. The claimant Kishanlal is examined as PW-2. He has narrated the history as to how the accident has taken place and as to how he has lost his earning and became a permanently crippled for which certification from PW-1 was issued. PW-2 has canvassed that meeting the bills of medical expenses he was required to spend around Rs.55000/- and he, while giving evidence, was also under treatment and advise of concerned doctors. The Civil Surgeon’s Certificate was also placed on rec




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