The main legal point established in the judgment is the re-computation of compensation in consideration of loss of future amenities and marital life, as per the legal principles established in relevant legal judgments.

JUDGMENT

anoop Kumar Dhand, J. - This instant appeal has been filed by the claimant-appellant against the judgment and award dated 16.08.2016 passed by the Motor accident Claims Tribunal (hereinafter referred to as 'the Tribunal'), Kishangarh, District ajmer in claim case no 133/2011, whereby the amount of Rs. 4,62,852/- has been awarded as compensation on account of injuries sustained by the claimantappellant in an accident occurred on 06.10.2010.

2. Learned Tribunal after framing the issues, evaluating the evidence available on record and hearing the counsel for the parties, decided the claim petition filed by the claimant-appellant awarding the compensation of Rs.4,62,852/- under various heads in favour of the claimant-appellant.

3. Learned counsel for the claimant-appellant submitted that the claimant-appellant has suffered 54.44% permanent disability and his both testicles were removed because of the injuries sustained by him in the accident which was occurred on 06.10.2010. He next submitted that because of the aforesaid injuries, the claimant-appellant has been deprived from enjoying the marital life and not a single penny has been awarded towards the head of loss of future amenities. He further submitted that no amount towards future prospects has been awarded in the light of the judgment delivered by the Hon'bel Supreme Court in the case of National Insurance Company Vs. Pranay Sethi and Ors. : reported in (2017) 16 SCC 680 and in support of his contention, counsel for the claimant-appellant has also placed reliance upon the judgment of this Court passed in S.B. Civil Misc. appeal No.4615/2017 in "Leelaram Vs. Deshraj & Ors." decided on 09.12.2021. He, therefore, prays that recomputation of the award in the present case may be done in the light of the judgment of Hon'ble Supreme Court in the case of Pranay Sethi (supra) and the judgment of this Court in the case of Leelaram (supra)

4. Per contra, learned counsel for respondent-Insurance Company submitted that the Tribunal while deciding the claim petition of the claimant-appellant has correctly taken into consideration the factors while calculating the award in this case on the evil of the evidence produced before the Tribunal. Thus, the judgment and award dated 16.08.2016 does not call for any interference by this Court.

5. Learned counsel for the respondents, however, is not in a position to controvert the submissions made by the learned counsel for the claimant-appellant with respect to re-computation of the award in the present case in the light of the judgment of the Hon'ble Supreme Court in the case of Pranay Sethi (supra) and in the light of judgment passed by this Court in the case of Leelaram (supra).

6. I have heard and considered the submissions made at bar and gone through the judgment dated 16.08.2016 as well as the material available on record.

7. admittedly, the injured-claimant-appellant was 41 years of age at the time of the accident and his both testicles were removed in the accident, but the Tribunal has not considered the fact that the claimant-appellant has been deprived from enjoying the benefit of marital life and not a single penny has been awarded to him under heads of loss of future amenities. Further, the amount is required to be added towards future prospects in the light of the judgment of the Hon'ble Supreme Court in the case of Pranay Sethi (supra). Thus, the award is re-computed as under:-

8. Thus, the amount of Rs.4,37,581/- enhanced in this case. The respondent-Insurance Company is directed to pay the