ORDER :

Time taken for disposal of the claim petition Time taken for disposal of appeal by the High Court Time taken for disposal of the appeal in this Court

4 years 11 months 1 year 3 months 1 year 6 months

Leave Granted.

2. This appeal is directed against the judgment and order dated 21st April 2023, passed in Misc. Appeal No.294/2022 by the High Court of Madhya Pradesh at Jabalpur, which in turn, was preferred against the Award dated 31st December 2021 passed in MACC No.33/2018 by the II Additional Member, Motor Accident Claims Tribunal, Anuppur District, Anuppur (M.P.).

3. The brief facts giving rise to this appeal are that on 7th May 2014, the claimant-appellant, then aged 25 years and employed as a Lance Naik in the Army, was proceeding towards Anuppur on his motorcycle alongwith his maternal grandfather. At Sandha, the offending vehicle bearing registration number MP-18 BB-1208 being driven by Respondent No.1/Chhote Lal Kol struck the motorbike of the claimant-appellant in a rash and negligent manner. Consequently, the appellant suffered serious injuries including fractures in his right leg. He underwent treatment at the district hospital and was later shifted to the medical centre. On account of the injuries, he is unable to run and suffers from uncomfortableness in walking.

4. An application seeking compensation was filed before the Tribunal under Section 166 of the MOTOR VEHICLES ACT , 1988, seeking compensation to the tune of Rs.1,08,25,000/-, stating therein that due to the accident, his ability to carry out his occupation has been hampered, promotional avenues decreased and he being the sole breadwinner, his family has suffered immensely.

5. The Tribunal awarded an amount of Rs.5,27,656/- vide Award dated 31st December 2021, alongwith interest @7% from the date of filing of the claim petition. The Tribunal assessed that the claimant-appellant had failed to prove any loss of future income and had not adduced any evidence to establish his monthly income. For medical treatment expenses, the Tribunal awarded Rs.4, 43,876/- as per the medical bills supplied by the claimant appellant. An amount of Rs.50,000/- was awarded under the head of pain and sufferings; Rs.10,000/- towards special diet and Rs.23,780/- towards transportation expenses.

6. Being aggrieved thereof, the claimant-appellant filed an appeal before the High Court seeking enhancement of the amount of compensation awarded by the Tribunal.

7. The High Court, vide the Impugned Order dated 21st April 2024, enhanced the total compensation payable as Rs.5,84,656/-, by adding a sum of Rs.57,000/- (error in the impugned Order -mentioned as Rs.47,000/-). The High Court affirmed the finding of the Tribunal on the issue of loss of future income, stating that the claimant-appellant has failed to prove such loss. The High Court held that the amounts awarded under the head of special diet is meager and no amount has been awarded under the head of future treatment. Consequently, an additional amount of Rs.16,000/- was awarded towards special diet; Rs.16,000/- towards attendant charges and Rs.25,000/- towards future medical treatment. The interest @ 6% per annum was awarded on the enhanced amount, from the date of filing of the claim petition.

8. Yet dissatisfied, the claimant-appellant is now before us. The significant points of challenge being that the compensation awarded is inadequate, warranting interference, in accordance with the law and that the appellant has lost out on future income due to his disability, as the same has affected his promotional avenues.

9. We have heard the learned counsel for the parties.

10. We are inclined t