Akil Abdul Hamid Kureshi, J.

1. The appellant-original claimant has challenged the award passed by the Motor Accident Claims Tribunal (Special), Porbandar (hereinafter referred to as 'the Claims Tribunal') dated 18.5.2002 in Motor Accident Claims Petition No. 237 of 1999 (hereinafter referred to as 'claim petition'). Briefly stated facts are as under. On the date of accident viz., 6.7.1997 the appellant along with his brother--Arbhambhai Lilabhai Mokaria was travelling on his motorcycle at about 12.00 Noon. They were going from their village Pata towards Madhavpur. The claimant was driving the motorcycle and his brother was pillion rider. According to the claimant his motor cycle had a puncture, because of a ditch on the road. At that time another motorcycle was coming from opposite side and the two vehicles collided with each other. The claimant received serious head injuries rendering him paraplegic. Despite expensive medical treatment his condition did not improve. He, therefore, filed the said claim petition seeking compensation of Rs. 10 lacs from the driver, the owner and the Insurance Company of the vehicle involved in the accident. The claimant was running a pan shop in his village and was earning Rs. 2,000 per month. He was aged 30 years on the date of the accident.

2. Before the Claims Tribunal the claimant examined the pillion rider, brother of claimant-Arbhambhai as witness No. 1-Exh. 37. The claimant also examined Dr. Nimish Trivedi at Exh. 47. F.I.R. lodged by other motorcyclist, Panchnama of scene of accident drawn by the investigating agency and the medical certificate were produced at exhibits 27, 28 and 48 respectively.

3. On the basis of evidence on record Claims Tribunal held both the motor cyclists equally negligent in causing the accident. In other words, contributory negligence was attached to the claimant himself. On the question of quantum of compensation the Claims Tribunal has awarded following sums:

Head	Compensation amount
Pain, shock and suffering	Rs.50,000
Expenditure towards medical treatment	Rs.1,00,000
Attendant Charges	Rs.30,000
Transportation	Rs.20,000
Special diet	Rs.15,000
Actual loss of income for 6 months	Rs,.12,000
Future loss of income	Rs.2,75,000

4. By accepting the income of the claimant at Rs. 2,000 per month, the Claims Tribunal however, deducted Rs. 500 on the basis of evidence of witness No. 1, who has stated that his cousin was now running the pan shop and giving Rs. 500 to the family. The Claims Tribunal adopted multiplier of 15 and assessed 100% loss of income to arrive at the said figure. Total sum of Rs. 4,97,000 thus is computed by the Claims Tribunal, divided by 2, for contributory negligence of the claimant himself. In effect, therefore, the Tribunal has awarded a sum of Rs. 2,48,500. The claimant has, therefore, filed this appeal.

5. We may first briefly summarise the evidence on record. Witness No. 1 Arbhambhai Lilabhai Mokaria, brother of the claimant, at Exh. 37 deposed that on the date of accident he was sitting behind the motorcycle driven by his brother. They were going from their village Pata towards Madhavpur. On the road there was a dent. When the motorcycle passed through this portion the tyre got punctured. At that time another motorcycle was coming from the opposite side causing accident in which his brother - Karabhai received head injuries. He was firstly taken to a hospital at Porbandar. After preliminary treatment he was shifted to Gondhia Hospital at Rajkot where he was treated as in-door patient for 2 1/2 months by Dr. Prakash Modha and Dr. Trivedi. After being discharged also his brother had to be taken to doctors once in every 15 days. Such treatment is going even now. Due to head injuries he is unable to speak or walk. He is also