(1.)The claimant in a motor accident claim case is the appellant before us. The appellant was driving a Fiat car through National Highway 8 on 7-2-1976, on his way to Surat from Ahmedabad and when the car reached near Ankleshwar, a truck bearing Registration No. GTC 4735 came from the opposite side at excessive speed and the car driven by the appellant hit the right side of the said truck and collided with the rear right-side wheels of the truck. The truck, which was loaded with goods, toppled over to its right side and came to a halt at a distance of about 20 feet. As a result, the appellant, his wife and another friend, who were occupants of the car, sustained injuries. They preferred claim petitions before the Motor Accident Claims Tribunal. The three claim petitions were tried jointly and the claims preferred were allowed. In this appeal, we are only concerned with the claim petition preferred by the appellant. The appellant had claimed a total compensation of Rs. 9,98,500/-and the entire claim was allowed. Against that award, the respondent-Insurance Company filed an appeal before the High Court of Gujarat at Ahmedabad and in the appeal, it was held that the appellant was entitled to get compensation to the extent of Rs. 4,72,600/-. However, the High Court held that there was contributory negligence on the part of the appellant to the extent of 30% and proportionate deduction was made from the total compensation. Aggrieved by the same, the present appeal is filed.
(2.)We heard Mr. Sunil Dogra, learned Counsel on behalf of the appellant and Mr. K. L. Nandwani, learned Counsel on behalf of the respondents.
(3.)As regards the amount of compensation due to the appellant, the High Court held that the Tribunal had seriously erred in fixing the total compensation. The High Court held that the award of Rs. 2,36,099/- towards the actual loss of income and another sum of Rs. 4,71,510/- towards the loss of future income and Rs. 2,32,381/- towards loss of expectancy of profit were on the higher side and that the appellant was entitled to Rs. 20,500/- for actual amount of loss of income and another Rs. 3,93,600/- towards loss of future income. The learned Counsel for the appellant strenuously urged before us that the calculation made by the High Court is incorrect and the compensation amount should not have been reduced by the impugned judgment whereas the learned Counsel appearing on behalf of the Insurance Company supported the judgment and contended that the award of a sum of Rs. 3,93,600/- towards the loss of future income is not actually due to the appellant as there was only a partial disability suffered by him and the appellant has been continuing with his business and there was no loss of future earning on this account.