The court emphasized the assessment of disability and future loss of income in determining the compensation amount under the Motor Vehicles Act.

JUDGMENT :

MAUNA M. BHATT, J.

1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “the Act 1988”), is filed by the appellant- Original claimant, challenging the judgment and award dated 22.11.2007, passed by the learned Motor Accident Claims Tribunal (Auxi.), Fast Track Court No. 2, Vadodara in Motor Accident Claim Petition No. 1062 of 2004, wherein, the Tribunal awarded total compensation of Rs. 7 lacs with running interest @ 7.5% from the date of claim petition till realization with proportionate cost. The Tribunal further held that all the opponents are jointly and severally liable for the payment of aforesaid compensation.

2. Following facts emerged from the record of the appeal:

2.1. That on 24.05.2004, the appellant-original claimant was travelling in a luxury Bus bearing registration No. RJ-07- P-4247. The said bus met with an accident with the Truck bearing registration No. GJ-10-V-5109. It was case of the appellant- original claimant that both the drivers i.e. driver of the luxury bus as well as the driver of the Truck, were driving their respective vehicles in rash and negligent manner. Because of rash and negligent driving, the truck dashed with the luxury bus and because of heavy impact, the bus turned turtle and many passengers along with present appellant sustained serious injuries. For the injuries sustained the appellant right limb was amputed through surgery.

2.2. In respect of the said accident, the appellant as original claimant filed claim petition under Section 166 of the Act before the tribunal, seeking compensation of Rs. 20 lacs. Before the tribunal owner of the luxury bus No. RJ-07-P-4247 was joined as opponent No1, Insurance- Company of the luxury bus was joined as opponent No 2, owner of the Truck No. GJ-10-V-5109 was joined as opponent No 3 and Insurance-Company of the Truck as opponent No 4. Upon claim petition being filed notices were issued and opponents filed their respective written statements.

3. The Tribunal after hearing the parties and upon appreciation of evidence on record decided the issues as under:

(i) In relation to negligence, the Tribunal held drivers of both the vehicles (driver of luxury bus No. RJ-07-P-4247 and the driver of the Truck No. GJ-10-V-5109, equally negligent (50% - 50%) for occurrence of the accident.

(ii) In relation to compensation, the Tribunal awarded total compensation of Rs. 7 lacs as under:

The above compensation was directed to be paid with interest @ 7.5% per annum from the date of filing of the claim petition till realization with proportionate cost.

4. Aggrieved by the amount of the compensation awarded, present appeal is filed by the appellant-original claimant seeking enhancement.

5. Heard learned advocate Mr. Hiren Modi for the appellant-original claimant, learned advocate Mr. Shashikant Gade for the respondent No. 2-Insurance Company of the luxury bus No. RJ-07-P-4247 and learned advocate Mr. Rituraj Meena for the respondent No. 4- Insurance Company of the Truck No. GJ-10-V-5109. As liability has not been denied, presence of other respondents is not necessary and is dispensed with. The Record and Proceedings of the aforesaid appeal is secured and placed before this Court for perusal.

6. Learned advocate Mr. Hiren Modi for the appellant-original claimant submitted that the Tribunal has erred and not properly assessing the disability of the original claimant. Relying upon the disability certificate at