JAYESH ARODI Vs. CONCORDE MOTORS (INDIA) LTD.

JUDGEMENT

(1.) THE case of the claimant is that on 15.08.2005 at about 11.30 a.m., when he was travelling in a Tata Sumo bearing registration No. KA -01 -TC -311, the driver of the vehicle drove the same in a rash and negligent manner, lost control and dashed against the road divider. The claimant was thrown out of the vehicle and sustained injuries. He was taken to NIMHANS and thereafter to M.S. Ramaiah Hospital where he took treatment. He was once again admitted to Sharavathi Hospital and has taken treatment. He was aged 23 years and employed in a private firm on a salary of Rs. 8,700/ - per month. Due to injuries, he lost his job and entire earning capacity. He has lost control over whole -body and unable to work and there is 100% disability. Hence, he filed a claim petition under Section -166 of the Motor Vehicles Act.

(2.) THE Tribunal awarded compensation in a sum of Rs. 21,38,000/ - along with interest. Seeking enhancement, the present appeal is filed.

(3.) ON hearing learned counsels, we are of the considered view that the notional income held by the claimant is on a lower side. The claimant was a Senior Sales Officer in Grade -I in the company of respondent No. 1. It was a secure and permanent job. On the contrary, he could have got better offers as experience grew. Therefore, we have no hesitation to hold that he is entitled for future prospects. He was aged 23 years as on the date of the accident. Hence, it would be appropriate to grant 50% on the future prospects. Hence, the notional income would have to be considered as Rs. 12,045/ - per month (Rs. 8,030 + Rs. 4,015). Hence, the 'loss of future income' would work out as follows: