Sureshwar Thakur, J. - (1.) The instant appeal stands directed by the claimant, namely, Master Chaman Bahdur, a minor, through his father Prem Kumar, wherethrough, he, casts a challenge, upon, the award pronounced by the learned Motor Accident Claims Tribunal-III, Solan, District Solan, H.P., upon, M.A.C. Petition No.:- 17ADJ-II/2 of 2015, whereunder, compensation amount comprised, in, a sum of Rs.2,15,542/- along with costs, and, interest accrued thereon, at the rate of 9% per annum, from, the date of petition till realization thereof, stood, assessed, vis-a-vis, the claimant, and, the apposite indemnificatory liability thereof, was, fastened upon the insurer.
(2.) The compensation assessed upon the claimant, is, stipulated in the hereafter heads:- Pecuniary damages JUDGEMENT_102_LAWS(HPH)9_2018_1.html
(3.) The learned counsel appearing for the claimants, has, contended with much vigour (i) that the apt computation by the learned tribunal, under, the head "Loss of Future income", and, comprised in a sum of Rs.36,000/-, being grossly minimal, and, in gross disconsonance, with the per centum of disability, entailed upon the claimant, and, as borne in disability certificate embodied in Ex.PW6/A. He contends (ii) that under the aforesaid head, given the claimant being a brilliant student, and, also his holding bright prospects, to, in future, rear, a, handsome income form, his prospective employment, and, whereas the entailment, of, disability in the aforesaid per centum, upon him, rather, hence deterring him, to, rear prospective gains, from, his prospective employment, (iii) thereupon an apt enhancement being made. However, the aforesaid contention, is, grossly mis-maneuvered and does not secure any approbation, from, either Ex.PW6/A, nor from the deposition, in proof whereof, rendered by its author, who stepped into the witness box, as PW6. The reason for making the afore conclusion, is, sparked (a) by Ex.PW6/A, detailing qua the apt crush injuries, as, entailed upon the relevant portion, of the body of the minor claimant, encumbering , a, 7% disability, upon, the minor. Furthermore, it is also detailed therein (b) that the afore per centum, of, disability hence likely to improve or ameliorate, and, a, review stands recommended after two years. The disability certificate, borne in Ex.PW6/A is prepared, much subsequent, to the accident, and, when PW-6 stepped into the witness box, in, proof of the findings borne therein, (c) he in his examination-in-chief, has not rendered any testification, vis-a-vis, the disability entailed, upon, the claimant being permanent in nature, nor he has made any echoings therein qua even after revision thereof, there being no possibility, of its improvement, and, amelioration, (d) whereas, the afore pronouncement were enjoined to be rendered by him, (e) therefore, want, of, occurrence, of, afore pronouncement(s) in the deposition of PW-6, hence, constrains this Court, to, conclude that the per centum of disability entailed, upon, the minor claimant, being temporary in nature, and, there being likelihood, of, its improvement or amelioration. In aftermath, it is to be concluded, that, there being no concomitant permanent loss of income, if any, encumbered, upon, the claimant, from, his prospective employment. The further sequel thereof, is, that the quantification of compensation made vis-a-vis the claimant, under, the head "Loss of future income", and, borne in a sum of Rs.36,000/-, being both a just and proper assessment.;