JUDGMENT :

1. Feeling aggrieved and dissatisfied by the judgment and award dated 30.11.2005 passed in Motor Accident Claims Petition No.867 of 1998 by learned Motor Accident Claims Tribunal (Aux.), Judge, Court No.13, Ahmedabad, the appellant – original claimant has preferred the present appeal under section 173 of the Motor Vehicles Act (“the Act” for short).

2. The original claim of the claimant was for Rs.20,00,000/-. However, the Tribunal has awarded a sum of Rs.8,34,420/- with 7.5% interest under the various heads as under :

3. It is the case of the claimant that on 30.8.1997 the claimant along with one Cleaner were going to Jaisalmer. The claimant being the driver was driving Swaraj Mazda truck loaded with ice-cream bearing No.GJ 1 T 7420. While the truck driven by the claimant reached near the village Nani Dau on Palanpur highway, at that time, another truck bearing registration No.DL 1 GB 1835 driven by its driver in rash and negligent manner came from opposite side and collided with the truck of the claimant. As a result thereof, the claimant sustained serious injuries on his legs and thereby immediately shifted to the Civil Hospital, Mehsana. Thereafter, the claimant was shifted to Vadilal Sarabhai Hospital at Ahmedabad from where the claimant was shifted to the hospital of Dr.Bharat C.Shah for further treatment. The claimant was treated as indoor patient between 1.9.1997 and 6.3.1998. During that period, six operations were performed. Thereafter, the claimant was admitted as indoor patient in Swami Shantiprakash Karnavati Hospital for a period between 20.3.1998 and 10.6.1998 wherein under the treatment of Dr.Ashok Sajnani further four operations were performed. However, thereafter the claimant was advised to go to Akola for further treatment for the purpose of infection occurred during the long treatment. As per the advise, the claimant was admitted in hospital at Akola for a period between 10.5.1999 and 24.9.1999 under the treatment of Dr.Milind Chaudhary who performed one operation on 11.5.1999. Again from 8.7.1999 to 19.7.1999 the claimant was treated at Akola by Dr.Milind Chaudhary in the hospital as indoor patient. Again, the claimant was admitted in the hospital at Akola for a period between 8.8.1999 and 20.8.1999 and thereafter, on 31.8.2000 another operation was performed in the hospital at Akola. Because of some further complication, again the claimant was admitted in the hospital as indoor patient between 9.1.2002 and 11.1.2002 wherein another operation was performed on 10.1.2002.

4. In view of the aforesaid serious injuries and prolonged treatment, 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.

5. Learned Tribunal, after having considered the evidence on record, held the driver of the offending truck as sole responsible for the accident in question. Learned Tribunal, thereafter, proceeded to award compensation by considering the income of the claimant at Rs.4500/- per month. Learned Tribunal, having considered the age of the claimant at 40 years, adopted multiplier of 17. Accordingly, learned Tribunal awarded a sum of Rs.5,46,720/- under the head of loss of future income. Learned Tribunal has awarded a sum of Rs.72,000/- under the head of loss of income considering the period of 16 months the appellant could not work because of injuries and treatment. Learned Tribunal awarded Rs.50,000/- under the head of pain, shock and sufferin