S. C. MOHAPATRA, J.

( 1 ) THIS is an appeal under S. 173 of the Motor Vehicles Act, 1988 in respect of an application under S. 110-A of Motor Vehicles Act, 1939 by the insurer. Cross-objection for enhancement of compensation has been filed by the claimant.

( 2 ) ON 10-12-1987 while claimant, a coolie was going in the truck bearing registration No. ORJ 6095 in course of and arising out of his employment, the truck met with an accident in which claimant sustained injuries. Effect of the injuries is that claimant is not able to walk without assistance of a stick. On account of the injuries claimant has filed application for compensation against owner and the insurer.

( 3 ) TRIBUNAL on assessment of evidence has awarded compensation of Rs. 44,400/- towards future loss of income, Rs. 5,000/- towards medical expenses, Rs. 1,000/- for assistance taken during the period of injury and Rs. 25,000/- towards mental shock, pain and suffering and made the insurer liable to pay the compensation.

( 4 ) MR. S. S. Basu, learned counsel for the insurer-appellant submitted that insurer is liable to pay only that amount which claimant would have been entitled under the Workmen' Compensation Act in v