A victim of a motor vehicle accident who suffers 100% disability is entitled to additional compensation for future medical expenses, physical pain, suffering, and trauma, considering the steep rise in prices, cost of living, and medical treatment.

1. - Challenge in this appeal is to the judgment dated 4th September, 2000 rendered by Motor Accident Claims Tribunal, Jaipur whereby the learned Tribunal decreed an amount of Rs. 4,92,950/- in favour of the appellant. Dissatisfied with this amount, the appellant preferred this appeal for the enhancement of compensation.

2. The background facts in a nut-shell are thus :

That on 13th January 1996, at about 4:30 pm the appellant-claimant Madan lal was travelling in a Bus bearing registration No. RNP 678 from Sanganer to his village Mohabatpura. There being no room inside the Bus, the appellant went on the roof of the same. It is alleged that no sooner did the Bus reach near Gurjari Ki Talai, Madrampura, the Bus on account of being driven rashly and negligently at a fast speed went out of driver's control and to control the same, smartly applied the breaks jolting appellant who was tossed from the roof and fell on the road, sustained injuries all over his body. He not only sustained simple and grievous injuries but suffered 100% disability. The appellant filed a claim petition, which was albeit, decree as aforesaid but the appellant being dissatisfied with the said amount challenged the same and hence, this appeal.

3. Heard learned counsel for the parties and carefully perused the relevant material available on record.

4. Learned counsel for the appellant has restricted his arguments only to one aspect and contended that the appellant was a driver and on account of having sustained injuries in his head and other parts of the body, he suffered 100% disability. The Tribunal albeit, has awarded Rs. 4,92,950/- for the loss of income including reimbursement of medical bills but totally lost sight of future medical expenses, deprivation of marital relationship, physical pain, suffering and trauma and did not award even a penny towards these heads. On account of 100% disability, neither he could discharge his routine functions of everyday nor is he able to work as a driver nor can he act independently. On the contrary, he needs timely check-up and proper medication so as to make himself enable to perform routine work. Hence, an additional amount for future medical treatment, physical pain, suffering and trauma may be awarded. He has cited one judgment viz. 2006 R.A.R. 43 (Raj.), Kunal Gaurav Saxena (Minor) v. Shri Anil Kumar & Ors. , in support thereof.

5. Learned counsel for the respondent, in contra, has defended the impugned award and called the same to be just and proper. He further canvassed that the learned Tribunal while passing an award took care of all the aspects and decreed a reasonable and just amount in his favour which needs no enhancement. Apart that, he has also canvassed that the appellant was travelling on the roof of the Bus, which was not permissible under the provisions of Section 123 of Motor Vehicles Act. Had he not travelled on the roof of the Bus, the accident would not have occurred. Hence, the appellant was also liable for contributory negligence. Learned Tribunal has already passed an award of full amount in his favour and contributory negligence has been fastened on him but under the facts and circumstances of the case, the amount under the award does not require to be enhanced and the appeal deserves to be dismissed.

6. Having ruminated over the submissions made at the bar and carefully scanned the impugned award and other relevant material on record, it is noticed that the appellant sustained head injury and the fracture of parietal bone, which required surgical intervention. The appellant was admitted in the Hospital. Medical Board's certificate Ex./6 issued by Rehabilitation Research Centre, SMS Hospital, Jaipur suggests that the appellant sustained head injury with a fracture of parietal bone on account of fall from the roof of the Bus. This accident caused "post head injury quadriplegia with 100% disability". Medical Board has suggested that due to 100% disability or due to quadriplegia, activities