SURESH SINGH GUJAR Vs. VINEET GOYAL

JUDGEMENT

(1.) THE claimant-appellant has filed this appeal under section 173 of the Motor Vehicles Act, 1988, against the award dated 1. 11. 1999 passed by the Ninth motor Accidents Claims Tribunal, Gwalior in Claim Case No. 143 of 1997.

(2.) THE brief facts of the case are that on 13. 9. 1997 the claimant injured was going along with his bhabhi on bicycle. Near kishanbagh Tiraha one scooter No. MP 07-K 5374 dashed against bicycle. Due to the aforesaid accident, he suffered serious injuries in his right leg and was admitted in J. A. Hospital and thereafter Chandak hospital and Research Institute. Ultimately, his right leg was amputated above knee level. F. I. R. was also lodged at the Police station Bahodapur. The claimant mentioned his age 25 years. Claims Tribunal found that driver of the scooter was driving the scooter rashly and negligently. The scooter was insured with insurance company, respondent No. 3 and due to the aforesaid rash and negligent driving the accident occurred and right leg of claimant was amputated from above knee level and awarded a total compensation of Rs, 1,49,581 (rupees one lakh forty-nine thousand five hundred and eighty-one) on the following heads:

(3.) LEARNED counsel for the appellant has submitted that the Tribunal has committed an error of law in calculating the loss of future earnings of the appellant. He further submitted that appellant-claimant suffered 100 per cent permanent disability due to amputation of right leg. He further submitted that for other heads, the Tribunal has not awarded a proper compensation. In support of his contention he relied upon the following judgments: