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2018 Supreme(Bom) 1297

A.M.DHAVALE
Vaijinath S/o. Sopanrao Jadhav – Appellant
Versus
Rajabhau S/o Roopsen Warkari – Respondent


Advocates Appeared:
Mr. Chandrakant D. Biradar, Advocate for the appellant Respondent No. 1 served
For the Respondent:Mr. Suhas P. Urgunde, Advocate, Mr. S. P. Chapalgaonkar, Advocate

JUDGMENT :

1. Aggrieved by the grant of compensation of only Rs. 25,000/- excluding NFL amount by the ld. Member of MACT, Udgir, Dist. Latur, in MACP No. 106/2002 (Old MACP No. 33/2000) by judgment dt. 30.09.2004, the original claimant has preferred this appeal for enhancement of the compensation.

2. As per the claim petition, the claimant was aged 33 years and was earning Rs. 9,000/- per month by doing work of cycle repairs. On 10.05.2000 at 07:30 p.m., he was proceeding from Lohara Pati towards eastern side of Udgir Latur road in a tipper bearing No. MH-12/TRT-146, permanent registration No. MH24/A-3567. Due to rash and negligent driving of the tipper of respondent No. 2 by respondent No. 1, it was turtled and the right palm i.e. front part of right hand of the appellant/claimant was crushed under the tipper. The claimant suffered amputation from wrist. The FIR was registered at C.R. No. 53/2000 against the driver of the tipper at Udgir Rural Police Station. According to the claimant, he has sustained 100% disability and loss of income of Rs. 9,000/- per month. The vehicle was



































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