JUDGEMENT

1. Appeal U/S 173 of MOTOR VEHICLES ACT has been preferred by appellant against impugned judgment and award dated 25.09.2010 passed in File No._/claim titled Subash Chand Sharma v. Puran Singh & Ors. For enhancement of the awarded amount of Rs. 79,200/- passed by Motor Accident Claims Tribunal (hereinafter referred as MACT Jammu).

2. Aggrieved of and dissatisfied with the impugned judgment/award, appellant has assailed it's legality, correctness and propriety and sought it's modification/ enhancement on the following grounds:-

(i) that the appellant (petitioner) suffered grievous injuries in a motor vehicle accident which took place on 16.05.2004 at about 10:45 a.m. near SIDCO Industrial Complex Samba, a Claim Petition was filed before the Motor Accident Claims Tribunal Jammu on 16.09.2005 against the respondents who are the registered owner and driver of Tractor bearing Engine No. 43 1052/00P 2491 and Chassis No. QWTA 40600000180 wherein it was claimed that Respondent No. 2 driver of the said vehicle while driving the offending vehicle in a most rash, careless and negligent manner hit the Scooter bearing No. JK02E-0868 near Samba on which appellant was sitting as a pillion rider as a consequence whereof appellant suffered injuries and thereafter was shifted to Government Medical College Jammu where appellant remained admitted upto 31.05.2004, 12.08.2004, 14.04.2005 and discharged on 25.04.2005, further got admitted in Ortho ward in ASCOM Sidhra and was discharged on 10.08.2005;

(ii) that appellant (petitioner) claimed compensation on the counts, viz.; (i) Rs. 1,50,000/- for medicines and surgery, (ii) Rs. 15,000/- for having spent for consumption of special diet, (iii) Rs. 10,000/- incurred for M.R.I., C.T. Scan and X-Rays, (iv) Rs. 25,000/-incurred on account of keeping attendants, (v) Rs. 7,00,000/- on account of loss of future income, (vi) Rs. 2,50,000/- on account of pain and sufferings and for mental agony to be suffered in future, (vii) Rs. 1,00,000/- on account of future medical expenses & (viii) Rs. 15,000/- as transport expenses;

(iii) that the appellant at the time of the filing of the claim petition was 43 years of age and was working as Mate/Laborer and was earning on average of Rs. 10,000/- per month, respondents appeared and filed objections to the claim petition, appellant was declared permanently disabled by the Medical Board vide certificate dated 10.07.2009 as a consequence whereof the Tribunal below vide Order dated 21.08.2009 granted interim compensation of Rs. 25,000/- under No Fault Liability to the appellant;

(iv) that to prove the issues before the Tribunal, appellant (petitioner) examined himself alongwith his three witnesses viz.; PW Vijay Kumar, PW Tara Chand & PW Dr. I.K. Wangnoo, while as respondents did not lead any evidence in rebuttal, however, the Tribunal vide Judgment and Award dated 25.09.2010 awarded less amount of compensation of Rs. 79,200/- in favour of the appellant;

(v) that the appellant has not been awarded just compensation as such the appellant is aggrieved of the award passed by the Tribunal below, moreso the interest on the future loss of income has not been awarded from the date of filing of the claim petition till the realization of the award;

(vi) that the Tribunal despite having accepted the income of appellant as Rs. 6000/- per month, incorrectly scaled it down to Rs. 5000/- per month as against Rs. 10,000/- per month which was claimed in the claim petition and remained un-rebutted, also took into account permanent disablement at 5% incorrectly;

(vii) that the quantum