The quantum of compensation awarded to a claimant in a motor vehicle accident case should be based on the claimant's permanent disability, loss of earning capacity, medical expenses, pain and suffering, and legal expenses.

Goverdhan Bardhar, J.

Instant appeal has been filed by the appellant under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 18.01.2002 passed by learned Judge, MACT, Rajsamand in Claim Case No. 578/1998 whereby, the learned Judge has awarded compensation in the sum of Rs. 4,70,000/- to the claimant appellant.

2. Succinctly stated, facts of the case are that a claim petition was filed by the claimant before the Motor Accident Claims Tribunal, Rajsamand under Section 140/166 of the Motor Vehicles Act, 1988 [hereinafter referred to as 'the Act'], stating therein that on 10.05.1995 at 6:30 PM when he was going towards Odan along with his son Mukesh on Scooter No. RPJ 6324, at that time the Jeep No. RJ 27/ T 0008 being rash and negligently driven by the driver of jeep hit the scooter due to which he suffered grievous and simple injuries. The claimant Rang lal by way of claim petition sought compensation in the sum of Rs. 20,20,000/- from the respondents.

3. The non-claimant no.1 driver of the vehicle in his reply stated that the vehicle was not being driven by him in negligent manner and the accident was caused due to fault of claimant. It was further stated that the claimant had exaggerated the claim and the claim petition is liable to be dismissed. Further it was stated that since the vehicle was insured with the respondent No.2-Insurance company, therefore, the insurance is liable to make the payment of compensation.

4. The respondent insurance company also filed its reply and stated that the vehicle in question was not insured with the respondent No.2 on the date of incident. It was stated that the driver was driving the scooter in negligent manner and even if the jeep driver is held guilty of negligent driving then, it is a case of contributory negligence. It was also stated that since the claimant had violated the terms and conditions of the policy, therefore, the insurance company is not liable to make payment of compensation.

5. Learned Judge, MACT Cases after taking into consideration the entire facts of the case while computing the compensation awarded a sum of Rs. 4,70,000/- under various heads including loss of income, Pain and physical agony, medical expenses, loss of future prospects and legal expenses.

6. Learned counsel for the appellant submits that the Tribunal has erred in awarding a paltry sum of Rs. 4,70,000/- in favour of the claimant whereas, due to the accident, the claimant underwent treatment at Hospital at Ahmedabad for period of one and half month and thereafter, he was taken to Higher centre at Bombay. It is submitted that the claimant was earning a sum of Rs. 8000/- to 10,000/- per month while doing business in Bombay but due to accident he has suffered 75% permanent disability. The claimant in support of the claim had submitted medical bills and other documents to support his case but the learned Tribunal has awarded only a sum of Rs. 2,50,000/- under the head of medical expenses as well as nutrition diet etc. According to learned counsel for the appellant the sum of Rs. 2,50,000/- under the head of medical expenses and nutrition is on the lower side whereas, it was categorically proved by the claimant that the claimant underwent long treatment at Ahmedabad and Bombay. It is further argued that the learned Tribunal has erred in awarding only a sum of Rs. 50,000/- under the head of physical and mental agony and same is required to be enhanced reasonably. It is argued that the claimant had proved that he was earning a sum of Rs. 8000/- to Rs. 10,000/- per month while carrying on business of jewellery and due to accident, his shop remained closed for about two years but the learned Tribunal has awarded only a sum of Rs. 50,000/- under the head of loss of income. It is further argued that the learned Tribunal has concluded that the claimant has suffered 75% permanen