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2022 Supreme(Bom) 1213

SHRIKANT D.KULKARNI
Akshay @ Vikas Ramesh Chavan – Appellant
Versus
Kailas Vitthalrao Shinde – Respondent


Advocates appeared:
Mr. Sanket S. Kulkarni and Mr. Mukeshkumar R. Singh, Advocates, for the Appellant; Mr. V.P. Savant, Advocate, Mr. Abhijit G. Choudhari, Advocate, for the Respondent.

ORDER

1. Heard finally at admission stage with the consent of both the sides.

2. The dispute in this appeal is restricted to percentage of permanent disability and determination of compensation.

3. The appellant/claimant was serving as a Cleaner on Tata Tempo vehicle bearing registration No.MH-20-CT-6516 owned by one Dilip Suryabhan Vyawahare.

4. On 29.4.2014 at about 1.30 a.m. at midnight, the abovesaid vehicle of the onnallont u/oc ni innti irarl on Ai ironnahorl.Daad hinhxA/ow noor Dondhari Shivar in front of land of Shaikh Rasul. The vehicle was parked by the side of the road and the work of replacing the tyre was in progress. The appellant was replacing the tyre when truck bearing registration No.MH-23-4797 driven in a rash and negligent manner gave dash to the Tata Tempo vehicle which was in stationary condition and caused the accident. The appellant was taken to the hospital for treatment. He was treated at Multispecialilty Hospital Pvt. Ltd. at Aurangabad where he was admitted as indoor patient from 29.4.2014 to 10.5.2014. In the said accident, right leg of the appellant got crus

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