The central legal point established in the judgment is the assessment of compensation for loss of future earnings and the inclusion of future prospects in the awarded amount, based on the impact of permanent disability and the age of the victim.

JUDGMENT :

1. The present appeal has been preferred by the appellant claimant being dissatisfied with the Award dated 20.06.2017 passed by Presiding Officer MVACT, Hazaribagh in Claim Case No.23 of 2011 whereby learned said court has awarded a sum of Rs.7,09,273/- and has directed the O.P.No.2 (Insurance company) to pay awarded amount with interest @ 6% payable from the date of framing of issue i.e. on 24.3.2014 in 30 days failing which the award shall carry interest @ 9% per annum after deducting ad-interim compensation if paid from the aforesaid amount.

2. The claim case has been filed on 07.09.2010 stating that at about 11.00 in the morning the injured/claimant Sunil Kumar Kushwaha along with his friend Manish Jha @ Lallu was coming from Goriyaribag after attending the market and when reached near football ground under Ramgarh Police Station a Truck bearing No.AP-16TA-3445 being driven very rashly and negligently by its driver dashed against them, as a result of which both received serious injuries. The injured/claimant Sunil Kumar Kushwaha received serious injury and compound fracture of the right leg. He was firstly admitted to Apurva Hospital and Research Centre Ranchi for immediate treatment but the doctors attending him referred to RIMS Ranchi for better treatment. The injured/claimant to get more better treatment got himself admitted to Raj Hospital Research Centre, Ranchi but the seriousness of injured the doctor referred him to Delhi, where he got admitted at Sir Ganga Ram Hospital, Rajendra Nager, New Delhi. He was admitted on 8th Sept. 2010 and remained there upto 45 days where his right leg amputated from knee. He was discharged from there on 23.10.2010. He was still under treatment with various other local doctors. It is further stated that he suffers from permanent injury and has to take full care and precaution and to remain in medical supervision for whole of life. The expenses of Rs.5 lac were made on his treatment. On this background, the learned Tribunal has decided the claim case and awarded a sum of Rs.7,09,273/- as disclosed herein above.

3. The learned counsel for the appellant submits that considering the nature of injury the learned Tribunal has failed to provide any future prospects in the awarded amount which is future loss of income in the awarded amount which is required to be added therein and future medical expenses. On this background, he submits that there are case laws to that effect and in that view of the matter the award may kindly be modified.

4. On the other hand, the learned counsel for the Insurance Company submits that the learned Tribunal has taken care of the same and has granted the award in terms of the well settled provisions of law and there is no error in the award and accordingly the appeal is fit to be dismissed.

5. In view of the above submission of the learned counsel for the parties the Court has gone through the judgment/ order of the learned Tribunal and finds that the learned Tribunal has directed to pay compensation under the following heads:

6. Disability Certificate Ext.4/1 issued by the Civil Surgeon cum Chief Medical Officer, Ramgarh suggest that the claimant suffered 50 % physical disability. It has come in the evidence of PW-3 injured was running a fruit shop and earning Rs.30,000/- per month and considering the I.T. Return Ext.5, the learned Tribunal has assessed the income and the yearly income assessed to the tune of Rs.1,56,996/-. In the case of Raj Kumar v. Ajay Kumar and Anr. , (2011) 1 SCC 343, the Hon’ble Supreme court has held that where the claimant suffers a