JUDGMENT :

Rekha Palli, J.

1. The present two appeals under Section 173 of the Motor Vehicles Act (the Act), assail the award dated 25.09.2022 passed by learned Motor Accident Claims Tribunal, Dwarka Courts, New Delhi. While the insurer by way of MAC appeal no. 15/2018 assails the quantum of compensation awarded towards loss of future prospects to the claimant as also the compensation towards the loss of income suffered by the claimant during the period when he was stated to be incapable of discharging any duty, the claimant by way of MAC 377/2018 seeks enhancement of compensation awarded towards loss of future prospects.

2. The brief factual matrix as emerging from the record shows that on 23.06.2015, when the claimant Sh.Santosh Kumar Singh was travelling to Haridwar in a car bearing registration no. DL-1C-3990, the said car met with an accident near police post Gang Nahar, Police Station-Bahadrabad, Uttaranchal. It is the common case of the parties that the vehicle involved in the accident was a ‘Max Pick Up’ bearing registration no. UA-08D-9793. An FIR was promptly registered at the Police Station Bahadrabad, Haridwar against the respondent no.2. The claimant, who suffered grievous injuries in the accident and a permanent disability of 57% in his upper and lower limbs, filed a claim petition under Section 166/140 of the Act.

3. The learned Tribunal, after considering the evidence before it, came to the conclusion that the claimant suffered injuries caused by respondent no.2, who was driving the aforesaid Max Pick Up insured by Shriram General Insurance Company Ltd, the appellant in MAC APP 15/2018. Taking into account that the claimant was working in a travel agency, namely Yatra.com and had suffered 57% permanent disability due to the accident, the learned Tribunal came to a conclusion that his functional disability was in fact 29%. Compensation towards loss of income was accordingly calculated on the basis of this functional disability of 29% and an award for a sum of Rs.36,47,940/- was passed, which amount included a sum of Rs.28,14,912/- towards disability and future loss of earning.

4. Being aggrieved with the compensation towards disability and future loss of earning, both the insurer and the claimant have preferred the present appeals.

5. In support of the appeal, learned counsel for the claimant submits that the learned Tribunal has failed to appreciate that the earning capacity of the claimant had reduced considerably on account of the 57% permanent disabilities suffered by him in his upper and lower limbs. The claimant was working as a Travel Agent, who, besides performing a desk job, was required to attend and interact with prospective customers and was thus required to move frequently. On account of this disability of 57%, the claimant is not in a position to carry out his job as effectively as he was performing earlier. He, thus, contends that the learned Tribunal had erred in treating the functional disability of the claimant as only 29%. He, therefore, prays that the compensation granted under the head ‘future loss of earning’ be suitably enhanced.

6. Per contra, Mr. Sameer Nandwani, learned counsel for the insurance company contends that the learned Tribunal failed to appreciate that despite the claimant suffering 57% permanent disability in his upper and lower limbs, his earning capacity has not been affected as he is continuing to work on the same position in Yatra.com as before. He submits that the claimant was performing a desk job which did not involve any movement and therefore, he is still able to efficiently discharge his duties as a Travel Agent. He therefore contends that the learned Tribunal erred in granting him compensation towards future loss of income when his earning capacity has not been affected at all. He, therefore, prays that the impugned award, in so far as it grants compensation to the claimant towards loss of future earning be set aside.

7. Having noted the factual matrix and the rival submi