JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. Vijay Kumar Sharma learned counsel for the appellant, Mr. Sabyasanchi, learned counsel for the respondent no. 1 and Mr. Sidhatrtha Jyoti Roy, learned counsel for the respondent no. 2.

2. Aggrieved with award dated 24.07.2017 passed by the learned District Judge-1-cum-Additional Claim Tribunal-Ist, Chatra in Claim Case No. 59 of 2012, the appellant/claimant has preferred this appeal for enhancement of awarded amount.

3. On 14.01.2007 the claimant was travelling from Itkhori to Chatra in a Jeep bearing Registration No. JH-13A-0766. Around 06.15 pm, when the jeep reached village Chour, the driver of Jeep namely, Khula Mochi stopped the jeep for getting the passengers down. To facilitate the passengers in getting down due to over crowd, the claimant also got down from the Jeep, meanwhile, the driver of tractor bearing No. JH-13A-3042 namely Jai Prakash Singh driving the tractor in rash and negligent manner dashed against the claimant and fled away as a result of which he received multiple grievous injuries on his left leg. He was rushed to Chatra, Hospital and thereafter he was referred to Gaya Hospital from where he was referred to PMCH, Patna. The injured was also treated at Max Care Hospital, Patna. For the alleged accident, F.I.R. was registered as Chatra Sadar P.S. Case No. 14 of 2007 under sections 279, 337 and 338 of the I.P.C. on 24.01.2007 against the driver of tractor no. JH-13-A 3042, Jai Prakash Singh. The matter was investigated and chargesheet was filed. At the time of accident the injured was 25 years old and he was registered medical practitioner (RMP) and was earning Rs. 6,000/- per month and he was the only bread earner of the family, because of the permanent injury he suffered a lot. He spent Rs. 1,50,000/- in his treatment and due to injuries caused he cannot work as usual. Therefore he claimed compensation.

4. Mr. Vijay Kumar Sharma, learned counsel for the appellant submits that the learned tribunal has awarded the amount on the lesser side. He submits that the earning of the deceased was Rs. 6,000/- however the learned tribunal fixed Rs. 3,000/- per month only. According to him the learned tribunal in the awarded amount wrongly deducted 1/3rd of the income which is not required in the case of such injury as has been held by the Hon’ble Supreme Court in the case of Raj Kumar vs. Ajay Kumar and Another, 2011 (1) SCC 343. He further submits that the appellant’s left leg has been amputated from the thigh. He further submits that loss of future earning has been awarded as Rs. 2,44,000/- which is not in accordance with law. He submits that the said amount is required to be enhanced. He submits that medical expenses suffered by the appellant has been awarded on lesser side. He submits that the awarded amount may be enhanced.

5. Mr. Sidhartha Jyoti Roy, learned counsel for the respondent no. 2- Insurance Company submits that considering the lesser injuries the learned tribunal has rightly awarded compensation and there is no need of enhancement in awarded amount and no interference is required by this Court.

6. Mr. Sabyasanchi, learned counsel for the respondent no. 1-owner submits that tractor in question was fully insured with the respondent no. 2 even trailer was also insured and in that view of the matter the learned tribunal has erred in directing the Insurance Company to pay and recover the amount from the owner of the tractor.

7. In view of above submission of the learned counsel for the parties the Court has gone through the impugned award as well as L.C.R. and finds that the learned tribunal after considering exhibits as well as evidences has been pleased to award amount of Rs. 4,34,349/- with interest @ 7.5 % from the date of filing of the claim application.

8. The appellant has suffered amputation of lower left leg and as per disability certificate the appellant