Permanent disability for the purpose of compensation under the Motor Vehicles Act, 1988, must be proved by cogent evidence and cannot be presumed based on mere assertion.

1. - This appeal for enhancement of compensation is directed against the judgment and award dated 17.10.2003 passed by Motor Accident Claims Tribunal, Pali ('the Tribunal'), whereby, for the injuries suffered by the appellant, the Tribunal has awarded a sum of Rs. 77,619/- alongwith interest @ 9% per annum from the date of filing application for compensation ('the application') i.e. 18.12.2001.

2. The facts in brief may be noticed thus: on 12.11.2001 at about 9.45 A.M. the appellant alongwith one Narpat Singh was riding on a motor cycle from Jaitpur to Pali, when the said motor cycle met with an accident with a Truck being driven by Jalam Singh, which resulted in the appellant-claimant suffering grievous injuries.

3. The application seeking compensation was filed wherein it was claimed that claimant was aged about 30 years and was working as Caterer at Mumbai and was earning Rs. 4,500/- per month and assessing his annual income at 7 54,000/- claimed loss of income for 35 years at 18,69,000/-, for treatment, operation, medicines, transportation, attendants, doctor, etc. Rs. 1,00,000/-, for physical pain and mental agony Rs. 1,00,000/-, for special damages Rs. 2,00,000/-, special diet Rs. 30,000/-, for damages of cloths etc. Rs. 975/-, for entertainment of guests Rs. 5,000/- and Rs. 50,000/- for not been able to fulfill the order booked, were demanded on account of the said accident.

4. The reply to the application was filed by the respondent-lnsurance Company and the averments contained in the application were denied. The appellant also exhibited certain documents including his injury report (Exhibit-21).

5. After hearing of the parties, the Tribunal came to the conclusion that the accident occurred on account of rash and negligent driving by driver of the Truck, which resulted in, the appellant-claimant suffering grievous injuries.

6. On the issue of award of compensation, the Tribunal after taking into consideration the oral and documentary evidence led by the appellant came to the conclusion that the appellant was entitled to Rs. 32,319/- for medical expenses, Rs. 2,800/- for conveyance expenses, Rs. 12,500/- towards loss of income for five months taking income of the appellant at Rs. 100/- per day and for 25 days in a month, and a sum of Rs. 30,000/- towards physical pain and mental agony and in all awarded a sum of Rs. 77,619/- as noticed above alongwith interest.

7. It is submitted that the appellant suffered several fractures, which is evident from Exhibit-21 and, therefore, in view of provisions of Section 142 of the Motor Vehicles Act, 1988 ('the Act'), the permanent disablement is apparent. It was .further submitted that the Tribunal has wrongly assessed the monthly income of the appellant and has committed illegality in refusing any amount under the head of future loss of income. Ultimately, it was submitted that the appellant is entitled to award of compensation as demanded in the application.

8. On the other hand, the learned Counsel for the respondent-lnsurance Company submitted that based on the evidence available on record, the Tribunal has awarded just and reasonable compensation. It was submitted that in absence of any oral or documentary evidence of permanent disablement, the appellant is not entitled for grant of any compensation for loss of future income.

9. I have considered the rival submissions.

10. From the injury report (Exhibit-21) and the X-ray report (Exhibit-22), it is apparent that the appellant has suffered 10 injuries on his body and had suffered fracture in the little finger on his right hand, fracture of upper shaft of right fibula and tibia. From the discharge ticket (Exhibit-23), it is apparent that he remained hospitalized on 12.11.2001 for two days at Pali and was taken of Ahmedabad and further treatment, where he apparently remained hospitalized till 19.11.2001 and, thereafter continued with his treatment at Pali. From the documentary evidence available on record, the fact that the appell