JUDGMENT :

1. The present appeal is filed by the original respondent no.3/insurance company feeling aggrieved by the judgment and award dated 6.5.2022 passed in MACP no.55 of 2017 by the Motor Accident Claims Tribunal, Shahada, District Nandurbar.

2. Original claimant/respondent no. 1 herein had approached the Tribunal under section 166 of the motor vehicles act raising claim for compensation of rupees One Core from the respondents towards accidental injuries and consequential losses suffered by him. The contention of the claimant is that on 8.10.2016 while he was proceeding on motorcycle from Shahada towards Shirpur, the truck bearing No.GJ- 03-AT-3689 driven by respondent no.1, owned by respondent no.2 and insured with respondent no.3 had dashed to his motorcycle. Consequently, he suffered multiple injuries. He was initially admitted to Seva hospital at Dhule. Then, he was referred to Jupiter hospital at Thane. He was under Medical supervision for four months and spent Rs.25,00,000/- towards medical treatment. During period of hospitalization, he has undergone multiple surgeries. Implants are inserted in the thigh, right wrist and skin grafting was required to be done. In-spite of long-drawn medical treatment, the claimant is not in a position to walk properly or sit with folded limbs. He lost his earning capacity as well as marriage prospects. He was aged 21 years at the time of accident. He was holding driving license for the car as well as tractor and used to assist his family in agricultural operation. He had diploma in agriculture and was pursing his degree course with object to achieve better employment.

3. The claim was contested by the appellant/insurance company by filing written statement. Original respondent nos.1 and 2 failed to appear before the Tribunal. It appears from the pleadings in the written statement filed on behalf of the insurance company that various statutory defenses were raised, apart from the plea of contributory negligence of the claimant. The pleading regarding loss of earning capacity and medical expenses were denied.

4. The Tribunal had framed the issues. The claimant recorded his evidence at exhibit 14. In support of his contentions regarding the medical treatment, he relied upon the evidence of Dr. Ashish Fadnis exhibit 57, a doctor from Jupiter hospital, Dr. Mehul Shah, Dr. Mangal Parihar from Mangl Anand Hospital at Chembur, Mayuri Shelar, a Pharmacist and Dr. Rajkumr Suryawanshi (exh.63) Member of the Medical Board from Civil Hospital Dhule. The claimant has also relied upon the copies of FIR, spot panchnam, etc. Hospital bills re tendered at exhibit 32.

5. Tribunal, after taking survey of the evidence on record, recorded findings that the claimant has suffered permanent disablement and consequential loss of earning to the extent of 25%. Looking to the long-drawn hospitalization and multiple surgeries undergone by the claimant, the compensation under various non-pecuniary heads is granted apart from loss of earning capacity. Medical expenses of Rs.30 lakhs are accepted and total award for Rs.44 lac (inclusive of NFL) came to be passed.

6. Mr. Swapnil Patil, learned advocate appearing for the appellant/insurer in his endeavor to attack impugned award submits that, the claimant was riding on his motorcycle without wearing headgear (helmet). He suffered head injury which complicated the medical treatment. In view of section 129 of the Motor Vehicles Act, it was mandatory for the claimant to wear helmet/protective headgear. The statutory infraction on the part of the claimant is cause head injury that could have been avoided. He would further submit that, the claimant himself was contributor in the cause of the accident. He submits that Tribunal has recorded erroneous findings on the issue of negligence ignoring the aforesaid aspects.

7. Mr. Patil, would further submit that, although, no income proof of the claimant is placed on record, the Tribunal has considered notional income of Rs.10,000/- p.m