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2023 Supreme(Raj) 613

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
NARENDRA SINGH DHADDHA, J.
Dr. Nitesh Kanwar Shekhawat, D/o. Late Shri Mohan Singh Shekhawat - Appellant
Versus
Tarachand, S/o. Shri Kanhaiya Lal & Ors. - Respondents
S.B. Civil Miscellaneous Appeal No. 3704 of 2017
Decided On : 04-07-2023

Advocates Appeared:
For the Appellant : Mr. Ram Singh Rathore.
For the Respondent: Mr. Lokesh Parihar.

Headnote:

Motor Accident Claims - Permanent Disability - Loss of future income - Claim compensation - Dissatisfied with judgment and award - Held, Tribunal while deciding issue No.4 clearly stated that no loss of future income was occurred to claimant due to disability - In his cross-examination, Doctor clearly stated that at the time of accident, claimant was doing PG. No record was submitted during trial regarding obstruction in doing PG. Claimant in her cross-examination admitted that after accident, she got the job as a Gynaecologist and also admitted that she was receiving salary equal to other Gynaecologists - In Court considered opinion, the Tribunal rightly observed that due to disability, no loss of future income was caused to the claimant - Present appeal dismissed

JUDGMENT :

1. Instant appeal has been preferred by the claimant-appellant (for short ‘the claimant’) dissatisfied with the judgment and award dated 24.04.2017 passed by Motor Accident Claims Tribunal No.1, Jaipur Metropolitan, Jaipur (hereinafter referred to as ‘the Tribunal’) in Claim Case No.328/2013 whereby an amount of Rs.14,50,000/- alongwith interest @ 6% was awarded as compensation in favour of the claimant.

2. Learned counsel for the claimant submits that the Tribunal had erred in not granting the amount due to loss of future income on account of permanent disability to the claimant. Learned counsel for the claimant also submits that finding of the Tribunal regarding issue No.4 is absolutely contrary to law. Learned counsel for the claimant also submits that claimant had exhibited the disability certificate as Ex.16 in the evidence. As per the disability certificate, claimant suffered permanent disability of 29.33% but the Tribunal had not awarded any compensation towards the permanent disability and loss of future income. So, award of the Tribunal be modified.

3. Learned counsel for the claimant has placed reliance upon the judgment of Hon’ble Apex Court in the case of Hari Om Vs. National Insurance Co. Ltd. reported in 2023 ACJ 595.

4. Learned counsel for the Insurance Company has opposed the arguments advanced by learned counsel for the claimant and submitted that the Tribunal while deciding the issue No.4 clearly stated that no loss of future income was occurred to the claimant. So, the Tribunal rightly denied the compensation towards the disability.

5. Learned counsel for the Insurance Company has placed reliance upon the judgment of Hon’ble Apex Court in the case of New India Insurance Company Ltd. Vs. Satish Chandra Sharma & Anr. reported in 2022 (2) R.A.R. 199 (SC).

6. I have considered the arguments advanced by learned counsel for the claimant as well as learned counsel for the Insurance Company and perused the impugned order.

7. The Tribunal while deciding the issue No.4 clearly stated that no loss of future income was occurred to the claimant due to disability. During the trial, Dr. Ashok Kumar Gupta was examined as AW2. In his cross-examination, Dr. Ashok Kumar Gupta clearly stated that at the time of accident, claimant was doing PG. No record was submitted during the trial regarding obstruction in doing PG. Claimant in her cross-examination admitted that after accident, she got the job as a Gynaecologist and also admitted that she was receiving salary equal to other Gynaecologists. Dr. Ashok Kumar Gupta in his cross-examination stated that he could not say that any deficiency was occurred to the claimant in job due to the said disability. So, in my considered opinion, the Tribunal rightly observed that due to disability, no loss of future income was caused to the claimant. So, the present appeal being devoid of merit, is liable to be dismissed, which stands dismissed accordingly.

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