The court emphasized the need to compensate the claimant not only for the physical injury but also for his inability to lead a full life and to earn as much as he used to earn or could have earned but for the injuries sustained in the accident.

JUDGMENT

1. This appeal is directed against a judgment award dtd. 17/1/2020, in MAC Application No.1311 of 2015, passed by the learned Chairman, MACT, Mumbai ("the Tribunal"), whereby the claim of the claimant - respondent no.1 came to be partly allowed awarding a sum of Rs.39,79,700.00 inclusive of the compensation under Sec. 140 of the Motor Vehicles Act, 1988 ("the M. V. Act") along with interest at the rate of 8% p.a. for permanent disability suffered in a vehicular accident.

2. The background facts leading to this appeal can be stated in brief as under:

(a) The claimant - respondent no.1, who was 39 years of age, claimed that he was dealing in a business and earned Rs.20,000.00 per month. On the day of accident, at about 5.30 pm., the claimant was riding motorcycle bearing registration No.MH-01/BA-8698 at Kanjade, Panvel. When he negotiated the turn opposite Chinchpada Police Chowki, Panvel, a motor dumper bearing registration No.MH-06/AQ-6945, owned by opposite party - respondent no.2 herein, and insured with appellant - insurer, came in an excessive speed from behind and gave a violent dash to him. The driver of the said offending vehicle drove the offending vehicle in a rash and negligent manner. The claimant suffered multiple injuries including crush injury on the left leg, degloving injury left leg, fracture of ankle left. The claimant was made to incur huge expenses to the tune of Rs.25,00,000.00 towards medical treatment. Hence, the claimant filed a claim for compensation to the tune of Rs.50,00,000.00 under Sec. 166 of the MV Act.

(b) The opposite party - respondent no.2 did not appear despite service of notice and hence the application proceeded ex parte against respondent no.2. The appellant - insurer resisted the claim by filing its written statement (Exhibit-14). In addition to usual defences, the insurer took the defence that there was breach of condition of insurance as the driver of the offending vehicle was not holding valid and effective driving licence at the time of accident. Permit and fitness of the offending vehicle were not valid.

(c) The learned Chairman of the Tribunal recorded the evidence of the claimant and eight witnesses, in support of the claim, including doctors and administrative officers of the hospitals, where the claimant had taken the treatment. The insurer examined Rajendra Suryawanshi (DW-1); an employee of RTO, and Aditi Shekhavat (DW-2); Legal Officer of the New India Assurance Company, to substantiate its defence. After appraisal of the evidence and documents tendered for its perusal, the Tribunal was persuaded to return the finding that the accident occurred due to negligence on the part of the driver of the offending vehicle, the insurer failed to establish that there was contributory negligence on the part of the claimant and that the driver of the offending vehicle was not holding a valid and effective driving licence. Assessing the income of the claimant at Rs.10,000.00 per month and holding that the claimant suffered 100% functional disability, due to the permanent partial physical disability, and applying the multiplier of 15, the Tribunal awarded a sum of Rs.18,00,000.00 towards loss of future earning. A sum of Rs.19,69,700.00 was awarded towards the medical expenses, proved by the claimant. Adding thereto the amount of Rs.10,000.00 towards special diet, Rs.1,00,000.00 towards pain and sufferings and Rs.1,00,000.00 towards loss of amenities of life, the Tribunal awarded the total compensation of Rs.39,79,700.00 along with interest at the rate of 8% p.a. from the date of the application.

3. Being aggrieved by and dissatisfied with the impugned judgment and award, the insurer is in appeal.

4. I have heard Mr. Joshi, the learned Counsel for the appellant and Mr. Gatane, the learned Counsel for respondent no.1 - claimant, at length. With the assistance of the learned Counsels for the parties, I have perused the material on record including the impugned judgment, depositions of