The main legal point established is that in cases of motor accidents, the consideration of future prospects and permanent disability is essential in determining the compensation awarded.

JUDGMENT

1. The present appeal is disposed of finally with the consent of the learned counsel for the parties.

2. The present appeal has been preferred against the judgment and award dated 11.12.2013 passed by the Motor Accident Claims Tribunal, Bikaner whereby the appellant has been awarded a compensation of Rs. 10,59,871/- on account of injuries suffered by the him due to the accident which occurred on 5.6.2010.The admitted position in the present case is that the appellant was an agriculturist and was 28 years of age at the time of accident. The present appeal has been preferred for enhancing the amount awarded by the Tribunal vide its judgment and award dated 11.12.2013.

3. Learned counsel for the appellant vehemently submitted that the learned Tribunal has not considered any amount towards future prospects in the light of the judgment rendered by Hon'ble the Supreme Court in the case of Sanjay Verma Vs. Haryana Roadways reported in 2014 ACJ 692 and Pappu Deo Yadav Vs. Naresh Kumar and Ors. Reported in AIR 2020 SC 4424. He therefore, submits that same should be awarded by enhancing the compensation suitably.

4. Per contra, learned counsel for the respondent - Insurance Company submits that the Tribunal has considered the entire evidence brought before it and after evaluating the same, 'just compensation' in the present case has been awarded. He submits that the Tribunal has taken into consideration the daily wages rates of 2013 i.e. the date of the passing of the judgment whereas it should have taken into consideration the daily rates prevailing at the time when the accident occurred i.e. on 5.6.2010. He further submits that the amount awarded by the Tribunal does not call for any interference by this Court.

5. I have considered the submissions made at the Bar.

6. It is brought on record that the appellant-claimant was 28 years of age and has suffered multiple fractures in the accident which occurred on 5.6.2010. The details of the injuries suffered have been discussed at length in Para 13 of the judgment of the Tribunal. In view of the report Exp.16, it is clear that the appellant has suffered multiple fractures on his body and therefore, he has been adjudged for permanent disability to the tune of 90%. In view of the fact that no amount has been awarded under the head of future prospects in the present case, therefore this Court feels that same is required to be considered for awarding the same in the light of the judgment rendered by Hon'ble the Supreme Court in the case of Sanjay Verma (supra) and Pappu Deo Yadav(supra). The daily wage rates prevailing at the time of accident i.e. 5.6.2010 was Rs.3510/- and therefore, 90% amount of the same will be Rs.3159/-. The amount therefore, is recomputed as under:-

Rs.3159 x 12 x 17 = Rs.6,44,436/-

7. Considering the fact that the future prospects are required to be added while computing the award, same is considered to be 40% as an appropriate amount in the present case and therefore, the amount comes to Rs.2,57,774/-. Thus, the total amount in the present case will be as under:-

8. In view of the discussion made above, the respondent-Insurance Company is directed to pay an additional amount of Rs. 1,09,874/- to the appellant within a period of six week. The enhanced amount shall carry an interest @6% till the same is paid.

9. The appeal is disposed of in the above terms.