- (1.) This is an appeal under Section 173 of the Motor Vehicles Act against the judgment and award dated 23.05.2012 passed by the Judge, Motor Accident Claims Tribunal, Bikaner, vide which, the compensation of Rs.13,34,304/- has been awarded and the appellantcompany has been held liable for the same. The facts, in short, are that on 17.08.2007, at about 8.00 a.m., when claimant was standing near his truck at National High Way No.11, the respondent No.2 Brijlal drove his truck No. RJ-31GA-1181 rashly and negligently and hit the claimant, as a result of which he sustained grievous injuries in both the legs. On account of grievous injuries, his right leg was imputed. According to the claimant, he was 23 years of age and was working as driver. He was getting monthly salary of Rs.4000/-.
(2.) The learned Tribunal assessed the disability of claimant at 100%, assessed the monthly income of the claimant as Rs.4000/-, adopted the multiplier of 17 and awarded Rs.8,16,000/- on account of loss of income. Rs.50,000/- has been awarded for pain and suffering, Rs.14,000/- towards nutritious diet, Rs.44,524/- towards medical expenses and Rs.1780/- has been awarded towards transportation. In addition to that, a sum of Rs.46,304/- has been awarded for lodging. In addition to that, a sum of Rs.4,08,000/- has further been awarded on account of loss of increase in future income. Thus, a total sum of Rs.13,34,304/- has been awarded. The learned Tribunal has awarded interest @ 6% p.a. and further directed that in case aforesaid compensation is not paid within a period of 30 days, interest shall be paid @ 9% p.a. While praying for setting aside the impugned award, the only argument raised by the learned counsel for the appellant was that the tribunal has committed gross error of law and facts while awarding additional compensation of Rs.4,08,000/- on account of loss of future income. When the learned tribunal has awarded compensation of Rs.8,16,000/- on account of loss of income considering 100% disability and loss of earning capacity, it was not justified for the learned tribunal to further award a sum of Rs.4,08,000/- on account of loss of future income on the ground that the claimant may become a driver on the truck.
(3.) It was argued that as per evidence produced by the claimant himself, the disability certificate (Ex-241/A), whereby the disability of the claimant was assessed by the Medical Board, he suffered 95% disability with respect to his lower limbs. AW 2 Dr. Rajnish Sharma has categorically stated on oath that disability mentioned in the disability certificate is not in respect of whole body and the same is in respect of lower limb only. It is well settled that disability in respect of particular part of the body cannot be considered the disability in respect of whole body. However, learned Tribunal has ignored this aspect of the matter and has assessed the compensation considering 100% disability and has awarded huge compensation. Hence, the award impugned deserves to be reduced. Heard.;