1. The Appellant, a young doctor who became a victim of paraplegia as a result of injuries sustained in a motor accident has taken an exception to the judgment and award made by the learned Member of the Motor Accident Claims Tribunal by which his claim for compensation has been partly allowed. The Appellant met with an accident on 15th December, 1993. He met with an accident when he was about 25 and half years old and by that time, he had acquired qualification of Bachelor of Ayurvedic Medicine (B.A.M.S.). As a result of fracture to 12th thoracic vertibra, He suffered from complete paraplegia both motor and sensory below thoracic 12 with complete bladder and bowel involvement. The compensation granted by the Tribunal is Rs.8,85,000/- with interest at the rate of 12% per annum against the claim of Rs.50,00,000/- made by him in the claim petition.

2. The accident occurred on 08:30 am on 5th December, 1993. At the time of accident, the Appellant was proceeding towards Kolhapur by Bombay – Bangalore national highway. It started raining and therefore, the Appellant halted his scooter on the left side of the road below a tree. At that time, a Bajaj tempotrax driven by the Respondent No.1 and owned by the Respondent No.2 came from Kolhapur side. It suddenly came on the its wrong side and dashed against the Appellant when it was in a very high speed. That is how the Appellant sustained serious injuries. The Respondent No.3 was the insurer of the said tempo – trax at the time of accident. The Tribunal recorded a finding that the accident occurred only due to negligence on the part of the driver of the tempo – Trax. The Tribunal found that the Appellant suffered 100% loss of earning capacity and there was a disability of 100% in respect of the lower half portion of his body. The Tribunal granted a sum of Rs.1,00,000/- on account of pain and suffering and a sum of Rs.1,00,000/- on account of loss of amenities of the life. After recording a finding that the Appellant can sit on a wheel chair, the Tribunal granted an amount of Rs.3,50,000/-on account of loss of income. The Tribunal granted a sum of Rs.75,000/- towards expenses on medical treatment, conveyance, transport, food and other necessities during the period of hospitalization. The Tribunal granted a sum of Rs.50,000/- for acquiring a special chair, water bed etc. The Tribunal granted a sum of Rs.1,00,000/- on account of future treatment. The Tribunal granted a sum of Rs.4,00,000/- by way of general compensation.

3. The learned counsel appearing for the Appellant has taken the Court through the record of the case, notes of evidence and documents on record. His submission is that the Appellant had a brilliant academic career. The Appellant was planning to join post graduate degree medicine course in Ayurvedic Medicine. He pointed out that the Appellant was already employed in an Ayurvedic Medical College as a lecturer. He submitted that this is a case of 100% loss of earning capacity at the age of 25 years. He submitted that the Appellant had lost his father in 1978 and the entire family consisting of his mother and younger brothers were looking forward to the Appellant for financial support. He submitted that the compensation of Rs.3,50,000/-granted on account of loss of income is extremely on the lower side. He submitted that loss of income has to be taken at least at the rate of Rs.8,000/per month and multiplier of 18 will have to be applied. He submitted that the Appellant incurred huge expenditure on medicines, for purchasing equipment, and for his own stay and the stay of his relatives at various places. He incurred expenditure on special diet and conveyance. He submitted that the Appellant was admitted in more than three to four hospitals. He pointed out that all the bills have been produced on record and the total amount of bills comes to more than Rs.1,54,000/- . He submitted that the evidence of Dr.Rajiv Shriprakash Joshi, Orthopedic Surgeon, attached to Sancheti