JUDGMENT :

1. The present Appeal is filed by the National Insurance Company Ltd, assailing the judgment passed by the Member, MACT, Baramati in MACP No. 250 of 2000 dated 6th January 2020.

The claim application filed by the claimant under Section 166 of the Motor Vehicles Act, 1988, claiming compensation of Rs.1,50,00,000/- came to be partly allowed by the Tribunal, holding the claimant entitled for compensation of Rs.52,63,219/- with interest of 6% p.a. from the date of application till it’s realization. The driver of the offending vehicle, the owner of the said vehicle and the National Insurance Co. Ltd are held jointly and severally liable to pay the amount of compensation to the claimant.

2. Heard the learned counsel Shri Rahul Mehta i/b KMC Legal Venture for the appellant and Ms. Nandini Chittal for the respondent claimant.

Since the Appeal is sought to be argued finally by the appellant and respondent, with the necessary compilation of documents being placed on record, I have proceeded to decide the Appeal finally, since the counsel for the Insurance Company on 23rd November 2021, made it clear that the Appeal has been filed by the Insurance Company only on the quantum of compensation awarded.

3. The claim petition came to be filed by the respondent/claimant in the wake of an accident which took place on 29th June 2005, when he was riding a motor cycle on Baramati-Patas road within the area of village Karadewadi, when he was hit by a truck MH-14-V-4918, coming from the opposite side. Since the offending vehicle coming from the opposite direction hit him, and proceeded to the Eastern side, he fell from the motor cycle along with the pillion rider and sustained severe bodily injuries.

The claimant was initially admitted in the hospital of Dr. Bhoite, when treatment was offered to him and he underwent surgery. Thereafter, he was shifted to another hospital, where he was again required to undergo a surgery. The claim disclose that he was further required to be admitted in an hospital belonging to Dr. Sonawane and thereafter, he was admitted in K.E.M. hospital, Pune, where he underwent another operation. He received his further treatment in Ruby Hall Clinic, Pune and thereafter from the Orthopedic Surgeon, Dr.Kulkarni, who is located in Miraj. The claimant was aged 24 years at the time when he met with the accident and he was required to undergo a long line of treatment, which required long hospitalization and the evidence on record, reveal that he was required to be hospitalized for 400 days and this is evidenced from the discharge cards produced and by the multiple witnesses examined by the claimant. He was required to undergo multiple surgeries, which included a hip replacement surgery and was treated as a case of Hemi Orthoplasty, since he had sustained multiple fractures.

His disability was assessed by PW 10, Dr. Pankaj Jindal as 83%, vide certificate produced on record at Exhibit-129. It is the case of the claimant that even today, he is not completely recovered and suffers from a disability affecting his functional capacity at 100%, as he is unable to attend his daily routine and chores, without any assistance and is unable to pursue his work and business, which he was undertaking prior to the date of his accident.

4. In the claim petition filed by him, seeking compensation for the accident, which disabled him to the extent of 83%, he claimed an amount of Rs.1,50,00,000/-. The claim was based on the disability incurred by him resulting into loss of earning capacity and also for compensating him the amount he had spent towards his treatment, which included the expenses of transportation, medicines, special diet and attendant for him to enable him to continue with his movements. Claiming that he was a healthy and hearty person, aged 24 years and was engaged in private business as he was managing a Gas agency and also involved in the business of selling of building material and mobiles. He projected his monthly income to be Rs.40