The main legal point established in the judgment is the reassessment of compensation based on the interpretation of functional disability assessment and notional income for students.

1. The above captioned two appeals relate to a vehicular accident which took place on 1st July, 2014 in which a DTC driver – Mahesh and a student - Mofid Khan were injured. Vide common impugned Award of 24th December, 2016, compensation has been granted to the respondents-Injured by the Tribunal. With the consent of learned counsel for the parties, the above captioned two appeals have been heard together and are being decided together by this common judgment.

2. In the above captioned first appeal, the challenge is to impugned Award vide which compensation of Rs.23,21,100/- with interest @8% p.a. has been granted to respondent/Injured - Mahesh, aged 38 years on account of grievous injuries sustained by him in this vehicular accident. In the above captioned second appeal, the impugned Award which grants compensation of Rs.4,49,100/- with interest @ 8% p.a. to respondent/Injured- Mofid Khan, aged 12 years on account of the injuries suffered by him in this vehicular accident is under challenge.

3. The factual background giving rise to these appeals, as noticed in the impugned Awards, is as under :-

“Insurance company in its reply has stated that as per rukka which is recorded on the basis of statement of one injured Mahesh who happened to be the driver of the involved vehicle DTC bearing no. DL 1P C 7117, the alleged accident had taken place on 01.07.2014 at about 9.30 PM nearly Asthal temple when the alleged offending truck bearing no. HR 38 Q 8796 came from the front and hit a TSR bearing no. DL 1L Q 9468 which was moving ahead to the DTC bus. In that course the driver of the DTC bus also took a sharp left turn and the said truck also hit the DTC bus from the front side. It is further stated that as per charge sheet, after receiving DD entry 34A dated 01.07.14 ASI alongwith Ct. Ashok reached on the spot where they found DTC bus bearing no. DL 1P C 7117, Champion TSR no. 9468 and one Dumper truck no. HR 38 Q 3796 in accidental condition. It is further stated that as per site plan, it is head on collision and that too on the middle of the road. It is further stated that the impact occurred between the alleged offending vehicle and TSR no. DL 1L Q 9468 first and then to the DTC bus DL 1P C 7117 and dumper no. HR 38 Q 8796. It however, admitted that the alleged offending vehicle was insured with it vide policy no. 10003/31/14/651371 till 21.01.2015.”

4. To render the impugned Award, learned Motor Accident Claims Tribunal (hereinafter referred to as the “Tribunal”) has relied upon evidence of injured and the other evidence on record. On the strength of evidence recorded, impugned Award has been rendered. The breakup of compensation awarded by Tribunal to Injured-Mahesh is as under:-

The breakup of compensation awarded by Tribunal to Injured- Mofid Khan is as under:-

5. Learned counsel for appellant – Shriram General Insurance Co. Ltd. (hereinafter referred to as Insurer), assails the impugned Award on the ground that Tribunal has erred in assessing the functional disability of injured – Mahesh at 80%. It is submitted that the permanent disability suffered by Injured was 45% in relation to his right lower limb and so it was submitted that the functional disability be assessed at 40%. It is further submitted th