1. This appeal is filed by the appellant being dissatisfied by the judgment and order dated 28.03.2005 passed by the Motor Accident Claims Tribunal, Yavatmal in Motor Accident Claim No. 56 of 1997. He has approached this Court seeking enhancement of compensation over and above the amount granted by the Tribunal.

2. The appellant was travelling in a tempo trax vehicle while returning after attending a marriage on 19.05.1996, when at about 06:45 a.m., the said vehicle met with an accident. Due to rash and negligent driving of the vehicle by the driver, it dashed against a road side tree resulting in death of two persons on the spot and injuries to other passengers in the said vehicle. The appellant sustained severe injuries including fracture to his right femur, due to which he was admitted for sustained period in hospitals at Yavatmal and Nagpur. Thereafter, he was shifted for further treatment to a hospital in Pune wherein he remained under treatment till August, 1996.

3. The appellant was 37 years old when the accident took place and he was working as an Agricultural Overseer in Vasant Sahakari Sakhar Karkhana, Pusad drawing a monthly salary of Rs.4,460/- only. Due to the injuries suffered by the appellant in the said accident, he was not able to sit on the ground or walk long distance. He was unable to drive any vehicle or ride a bicycle. He suffered total loss of hip movements and suffered permanent disability of 60 per cent.

4. The appellant filed claim petition under Section 166 of the Motor Vehicles Act, 1988, before the Tribunal seeking compensation of rupees six lakhs for the permanent disability suffered as a consequence of injuries due to the accident.

5. The fact of occurrence of the said accident was not disputed and it was only the quantum of compensation which was subject matter of dispute before the Tribunal. The appellant supported his claim by appearing as witness No.1 and his treating doctor appeared as witness No.2 in support of his claim. The appellant claimed before the Tribunal that due to the permanent disability suffered by him, he had suffered loss of salary of 47 days during the period of treatment and that he had lost chances of promotion, as being an Agricultural Overseer, his field work had suffered and his junior was promoted ahead of him. The appellant also placed on record bills pertaining to medical expenses incurred by him and thereby claimed the aforesaid amount of rupees six lakhs towards compensation.

6. By the impugned judgment and order dated 28.03.2005, the Tribunal held that the appellant was entitled to a sum of Rs.6,925/- towards loss of salary of 47 days. It was further held that the appellant was entitled to Rs.1,03,670/- towards claim of medical expenses and a sum of Rs.5,000/- towards mental and physical pains suffered by him. The Tribunal further granted a sum of Rs.1,25,000/- towards loss of amenities of life, loss of expectation of life, inconvenience, hardship, discomfort, mental stress etc. On this basis, the Tribunal granted a compensation of Rs.2,40,595/to the appellant together with interest at the rate of nine percent per annum from the date of application till realisation of the amount.

7. Shri Chhangani, learned Counsel appearing on behalf of the appellant submitted that the Tribunal committed an error in failing to award compensation to the appellant for loss of future earnings on account of permanent disability and further submitted that the amount of compensation granted towards loss of amenities and under other heads as also the amount of compensation granted towards mental and physical pains and sufferings, was meager. Reliance was placed on judgments of the Hon'ble Supreme Court in the cases of Sarla Verma (Smt) and others .v. Delhi Transport Corporation and another (reported in 2009(6) SCC, 121) and Rajkumar .v. Ajaykumar and another (reported in 2011(1)