JUDGMENT :

NIRAL R. MEHTA, J.

1. Feeling aggrieved and dissatisfied by the judgment and award dated 13.3.2009 passed in Motor Accident Claims Petition No.1363 of 1999 by learned Motor Accident Claims Tribunal (Aux.), 2nd Additional District Judge, Nadiad, the appellant – original claimant has preferred the present appeal under section 173 of the Motor Vehicles Act (“the Act” for short) seeking, inter alia, enhancement of compensation.

2. The original claim of the claimant was for Rs.20,00,000/-. However, learned Tribunal has awarded a sum of Rs.6,13,280/- with 9% interest under the various heads as under.

3. It is the case of the claimant that on 22.12.1998 he was driving ST Bus No.GJ 18 V 3006 from Jhalod to Chandkheda, Ahmedabad. At the relevant time, driver of the truck bearing registration No.GQB 6390 was driving the said truck in rash and negligent manner and thereby dashed with the ST Bus driven by the claimant. As a result thereof, the claimant sustained serious injuries and was admitted in VS Hospital. The claimant had to undergo knee operation. However, because of injuries, right leg below knee came to be amputed. Thus, the claimant has approached the learned Tribunal by way of an application under section 166 of the Act seeking, inter alia, compensation for the injuries so received arising from the motor vehicular accident.

4. Learned Tribunal, after having considered the evidence on record, held the driver of the offending vehicle as sole responsible for the accident in question. Learned Tribunal, thereafter, proceeded to award compensation by considering the income of the claimant at Rs.2330/- per month. The injury assessed by learned Tribunal is at 100%. Learned Tribunal, having considered the age of the claimant, adopted multiplier of 17. Accordingly, learned Tribunal awarded a sum of Rs.4,75,320/- under the head of loss of future income. Learned Tribunal has awarded a sum of Rs.20,000/- under the head of pain, shock and suffering. Learned Tribunal awarded Rs.65,000/- under the head of medical expenses, Rs.25,000/- under the head of transportation and special diet charges, Rs.27,960/- under the head of actual loss of income. Thus, in all, learned Tribunal has awarded a sum of Rs.6,13,280/- by way of compensation with 9% interest from the date of application till realization.

5. Being aggrieved and dissatisfied by the aforesaid, the appellant has approached this Court by way of this appeal seeking enhancement of compensation.

6. I have heard learned advocate Mr.Mohsin Hakim for the appellant and learned advocate for Mr.Daxesh Mehta, learned advocate for the insurance company.

7. Learned advocate Mr.Hakim for the appellant submits that the award passed by learned Tribunal is on lower side and cannot be said to be just and adequate in nature. Learned advocate Mr.Hakim submitted that learned Tribunal has committed serious error in considering income of the claimant at Rs.2330/- per month, as against the salary slip produced by the appellant that shows the income at Rs.3200/- per month. Learned advocate Mr.Hakim, therefore, submitted that learned Tribunal could not have ignored such evidence. According to learned advocate Mr.Hakim, learned Tribunal has also committed an error in not considering future rise of income. To substantiate the said contention, learned advocate Mr.Hakim has heavily relied upon the judgment of the Honourable Apex Court in the case of National Insurance Company Limited Vs Pranay Sethi and others, reported in (2017) 16 SCC 680. Thus, according to learned advocate Mr.Hakim, 40% prospective rise has to be considered. Learned advocate Mr.Hakim further submitted t