JUDGMENT :

1. This appeal is filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as “the Act” for short) for enhancement of compensation awarded by the Motor Accident Claims Tribunal (Auxiliary), Ahmedabad, vide judgment and award dated 09.08.2017 in Motor Accident Claim Petition No.422 of 2009.

2. The factual matrix of the present case is as under:

2.1 It is the case of the appellant – claimant that on 15.05.2009, at about 7:00 PM, the appellant was driving motorcycle bearing registration No.GJ-1-JQ- 0479 near Sundervan cross roads at Satellite within the jurisdiction of Satellite Police Station. At that time, one Bolero car bearing registration No.GJ-1-HM- 5120 came from opposite direction at a high speed and came on wrong side in a rash and negligent manner and dashed with the motorcycle, which was being driven by the appellant from front side. As a result of which, the appellant sustained various injuries and motorcycle was badly damaged.

2.2 It is further the case of the appellant that due to the accident, the appellant had sustained fracture, head injury, facial injury, pain in right shoulder and other accidental injuries. The appellant sustained a fracture injury on neck of the right humerus and he suffered great mental pain, shock and suffering due to said accident. The appellant, therefore, filed Motor Accident Claim Petition No.422 of 2009 claiming Rs.10,00,000/- towards compensation, under various heads as enumerated in claim petition with interest and costs from the respondents.

2.3 The respondents were served and respondent No.1 appeared before the Tribunal and filed reply at Exh.14 whereas respondent No.2 Insurance Company filed written statement at Exh.24. The parties led documentary as well as oral evidence before the Tribunal and the Tribunal by way of judgment and award dated 09.08.2017 partly-allowed the claim petition and thereby awarded an amount of Rs.1,33,200/- to the appellant claimant together with interest at the rate of 8% per annum from the date of filing of the claim petition till its realization. The appellant – claimant therefore filed the present appeal for enhancement of the said amount of compensation.

3. Heard learned advocate Mr.Bharat B. Shah for the appellant and learned advocate Mr.Sunil B. Parikh for respondent No.2 – Insurance Company.

4. Learned advocate for the appellant has mainly contended that the Tribunal has committed error in computing the assessment so far as future loss of income of the appellant is concerned. The Tribunal has also not considered the loss of prospective income of the appellant. It is contended that the appellant was working in R.K. Cargo Movers and H.K. Cargo Movers. His salary income was Rs.1,38,000/- per year at the time of accident as per the documentary evidence in form of Income-tax Returns produced before the Tribunal. Thus, the Tribunal ought to have considered income of the appellant at Rs.10,000/- per month. Learned advocate further contended that the Tribunal has also committed an error while considering the income of the claimant as Rs.8,000/- per month and, thereafter, computing 1/4th of the said income for the loss of future income. In fact, the claimant was working in the private company and was not a Government servant. At the time of accident, the appellant – claimant was aged about 26 years. Thus, the Tribunal ought to have added 50% to the monthly income for the prospective income for computing the head of loss of future income. At this stage, learned advocate Mr.Shah has contended that the prospective income would come to Rs.12,000/- and because of the injuries sustained by the appellant – claimant to the extent of 15% (by consent) of the body as a whole and looking to the age of the appellant – claimant, if the multiplier of 17 is applied, his future loss of income would come to Rs.3,67,200/- (Rs.8,000/- monthly salary income, Rs.4,000/- loss of future income = Rs.12,000/- x 15% x 12 months x 17 multiplier = future l