N. S. VEERABHADRAIAH, J.

( 1 ) THIS is the insurer's appeal questioning the quantum of compensation awarded by the Claims tribunal and VII Addl. Judge, Court of small Causes, Bangalore City, in M. V. C. No. 2109 of 1995 dated 13. 3. 2000 only in so far as it relates to the award of compensation under the heading 'loss of future earnings'.

( 2 ) IN the road accident that took place on 6. 12. 1994 between the scooter and an autorickshaw, the petitioner D. C. Rajanna suffered with fracture of both bones of right leg. As a result, the Tribunal awarded a total compensation of Rs. 1,75,000. The insurer questioned only the award of compensation of Rs. 1,15,200 on the heading in so far as it relates to the 'loss of future earnings'.

( 3 ) LEARNED counsel Mr. H. G. Ramesh, for the appellant contended that at the time of the accident, the injured was working as Deputy Manager in H. M. T. Therefore, there was no loss of any future earnings and the award of compensation of Rs. 1,15,200 on the heading Loss of future earnings is not sustainable and at the most, some compensation has to be awarded towards disability only. Accordingly, prayed to allow the appeal by modifying the award of the Claims Tribunal.

( 4 ) THE learned counsel for the respondent No. 1 Mr. B. N. Suresh contended that the compensation awarded is just and reasonable and the same does not call for interference. Accordingly, prayed to dismiss the appeal.

( 5 ) IN the light of the submissions, the point for consideration that arises is: whether the award of compensation for loss of future earnings at Rs. 1,15,200 is permissible as well as just and reasonable? If not, liable to be interfered with?

( 6 ) THE Claims Tribunal awarded a sum of Rs. 25,000 towards pain and suffering, rs. 10,000 towards the loss of amenity, rs. 24,000 towards loss of earnings for a period of 3 months during the period of treatment and Rs. 800 towards conveyance charges, and the same are not in dispute. It is only in so far as it relates to the award of compensation of Rs. 1,15,200 towards loss of future earnings, it is contended that the question of awarding compensation under this head does not arise since there was no loss of earning as the injured was working as the Deputy Manager of H. M. T. and that there was also no evidence to show that his wages have been reduced or any increments have been stopped or withheld. It is unfortunate that in almost all cases, the Claims Tribunal without applying its mind and appreciating the evidence, blindly award compensation under the heading 'loss of future earnings'. It has to be borne in mind, while awarding compensation for future loss of earnings, there must be evidence to show that as a result of injury, the income was reduced or there was loss of earnings or he was removed from service on account of disability or he is incapable of doing any work. In the absence of these factors, the question of awarding any compensation under the heading 'loss of future earnings' does not arise. It is no doubt true that in case of injury, if there is any disability, then the claimant is entitled for compensation on the heading of disability and not on the heading of 'loss of future earnings'. Particularly, in this case the injured continued in service as Deputy Manager in H. M. T. and there being no future loss of earnings, claims Tribunal erred in awarding compensation on the heading 'loss of future earnings'. At the most, the Tribunal could have awarded compensation for disability or for loss of amenities of life. Having regard to the facts and circumstances of the case, the compensation of Rs. 1,15,200 awarded under the heading 'loss of future earnings' is wholly erroneous and is not sustainable in law. However, the injured having suffered with fracture of both the bones of the right leg, the petitioner is entitled for a sum of Rs. 50,000 under the heading 'disability' and no compensation is awardable under the heading, 'loss of future earnings'.

( 7 ) FOR the forego

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