The main legal point established in the judgment is the entitlement of the claimant to additional compensation for loss of earning, medical expenses, and non-pecuniary loss under the Motor Vehicles Act, 1988.

JUDGMENT

Anuja Prabhudessai, J. - This Appeal is filed by the original Claimant challenging the impugned judgment and Award dated 27/10/2010 in Claim Petition No. 26/2007 passed by the Claims Tribunal, Yavatmal. By the impugned judgment and Award, the Claims Tribunal has awarded to the Claimants compensation of Rs. 1,96,000/- with interest @ 7.5% per annum from the date of the petition till final realization.

2. The brief facts necessary to decide this Appeal are as under:-

The Claimant had sustained multiple injuries in a motor vehicular accident on 29/04/2006 involving truck bearing registration No. MTB-2881. The said truck was driven by the respondent No. 1, owned by the respondent No. 2 and insured with the respondent No. 3 (hereinafter referred to as 'the Insurance Company'). The Claimant had alleged that the accident was caused solely due to rash and negligent driving by the driver of the truck.

3. The Claimant was working in BSNL as Accounts Officer. He was admitted in the hospital for 21 days as an indoor patient. The Claimant claimed that he had sustained multiple injuries resulting in 30% permanent disablement. The Claimant therefore claimed total compensation of Rs. 18,84,100/-.

4. The respondent No. 1 denied that the accident was caused due to rash and negligent driving by the driver of the truck bearing No. MTB-2881. The Insurance Company also raised the plea of breach of terms and conditions of the policy.

5. The Tribunal framed the issues and upon considering the evidence adduced by the parties, held that the accident was caused due to rash and negligent driving by the respondent No. 1-Driver of the offending vehicle. The Tribunal further held that the Insurance Company has failed to prove breach of terms and conditions of the policy and hence cannot be absolved from its liability to indemnify the insured. On the quantum of compensation, the Tribunal held that the Claimant had sustained multiple fractures on the face and he was operated and plates were fixed. He had also suffered dislocation of hip joint and was operated. The Tribunal has further held that the Claimant has proved that he had suffered 30% permanent disablement as a result of which he is unable to squat, his movements are restricted and he has numbness of right foot.

6. The Tribunal held that though the Claimant had claimed Rs. 2,00,000/- towards medical expenses, he had produced the bills only for an amount of Rs. 20,636/-. Hence, the Tribunal awarded Rs. 21,000/- towards medical expenses. The Tribunal also awarded Rs. 50,000/- towards physical pain and sufferings, Rs. 50,000/- towards special and nutritious diet, lodging, boarding, traveling etc., Rs. 50,000/- towards disfiguration of face and Rs. 25,000/- towards inconvenience caused due to the hip injuries. The Tribunal has not awarded any compensation towards loss of earning for 21 days during hospitalization at Orange City Hospital, Nagpur. The Tribunal thus awarded total compensation of Rs. 1,96,000/- with interest @ 7.5% per annum. Being aggrieved by the quantum of compensation awarded by the Tribunal, the Claimant has filed this Appeal under Section 173 of the Motor Vehicles Act, 1988.

7. During the pendency of the Appeal, the Claimant had undergone hip replacement surgery. The Claimant had placed on record case summary and discharge records and certificate of hospitalization at Exhibit-X-2 collectively and the certificate issued by BSNL at Exhibit-X-4 certifying that the Claimant was on medical leave for 85 days from 03/09/2011 to 26/11/2011. The medical reimbursement claim and the certificate issued by BSNL are at Exhibit-X-3 collectively certifying that from the total amount of medical expenses of Rs. 2,54,480/-, an amount of Rs. 2,28,480/- has been reimbursed to the Claimant.

8. Learned advocate for the Claimant submits that the Tribunal has erred in not awarding any compensation towards loss of earning for 21 days during the period the Claimant was admitted at Orange City Hospital, Nagpur as