1. - This appeal under Section 173 of Motor Vehicles Act, 1988 ('the Act') has been preferred by the insurer of the vehicle involved in accident against the award dated 11.11.2005 made by Motor Accidents Claims Tribunal [Special Judge, Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Cases], Bikaner in Claim Case No. 365 of 2005 questioning the quantum of compensation awarded by the Tribunal at Rs. 6,50,000 to the claimant-respondent No. 1 for the loss suffered by him due to the injuries sustained in a vehicular accident.

2. This appeal was taken up for consideration on 11.1.2007 when learned Counsel for the appellant pointed out that though this appeal has been submitted questioning only the quantum of compensation awarded by Tribunal but looking to the facts of the case and subject-matter of this appeal, the appellant of its own had deposited with the Tribunal an amount of Rs. 2,72,406, of course without prejudice to its contentions in this appeal, on a broad estimate that it would represent the principal amount of Rs. 2,50,000 and the interest thereupon for compensation payable to the claimant. This Court found the insurer discreet in its approach in coming out with a reasonable deposit particularly when it is not the contention that no amount whatsoever is payable to the claimant. After considering the impugned award in its totality, this Court issued notices for final disposal and until further orders, the execution of the award against the appellant insurer beyond the amount deposited was ordered to be stayed.

3. The claimant-respondent No. 1 and the owner of the offending vehicle, respondent No. 3, have put in appearance and service on the driver, respondent No. 2, has been dispensed with. Learned Counsel for the parties have been heard at length and record has been scanned through.

4. A brief reference to the background facts may be made thus:

The claimant Ramavtar Sharma made the claim for compensation before the Tribunal on 24.8.2001 with the submissions that on 23.9.1999 at about 3.45 p.m. in front of Veterinary Hospital located within the jurisdiction of Police Station, Kot Gate, Bikaner, while proceeding to the office of his employer on motor cycle bearing registration No. RJ 07-4M 1151, he was hit by an oncoming jeep bearing registration No. RJ 07-G 2661; that due to the accident he sustained several bodily injuries, somehow reached hospital hiring a taxi and got himself admitted; that he sustained injuries and fractures of nasal bone and of right tibia and fibula bones that required several operations and bone grafting; and that his motor cycle was extensively damaged.

5. Claimant averred that he remained hospitalised on bed No. 45 in 'Z' Ward at P.B.M. Hospital, Bikaner from 23.9.99 to 4.10.1999 during which period his leg was operated upon and while being put under a plaster-cast, he was advised complete rest; that he remained hospitalised again from 19.11.1999 to 11.12.1999 for bone grafting and yet again from 13.2.2000 to 19.2.2000 for removal of rod; and, according to the claimant, from 23.9.1999 to 31.8.2000 he remained confined to bed as per medical advice.

6. The claimant stated that he was 41 years of age, employed as a Development Officer with New India Assurance Co. Ltd. (the appellant insurance company), having monthly salary at Rs. 15,000 in the year 1999-2000, and having paid income tax at Rs. 16,992; that he was required to undertake field work; that in the financial year ended 31.3.1999, his employer company allowed an amount of Rs. 67,440 towards incentives; that after the accident he was unable to drive a motor cycle because of bone grafting and could not execute field work and hence he was deprived of the amount of incentive that was otherwise likely to have enhanced in the future; that there was restriction of movement of his right leg and the doctors have certified it to be 25 per cent permanent disablement. Upon and with reference to these averments the claimant suggested