The assessment of compensation for loss of future earnings due to permanent disability should consider the impact of the disability on the claimant's earning capacity, as established by relevant case laws.

JUDGMENT

Tribhuvan Dahiya, J. (Oral) - This is claimant's appeal against award passed by the Motor Accident Claims Tribunal, Chandigarh, dated 02.09.1999, for enhancement of compensation by the injured.

2. The facts of the case in brief are that accident in question took place on 07.05.1994 while the appellant-claimant (hereinafter referred to as, 'claimant') was travelling along with other occupants in a Haryana Roadways bus belonging to respondent Nos.1 and 2, being driven by respondent No.3. The Tribunal, after holding the accident to have occurred due to rash and negligent driving of respondent No3, assessed the amount of compensation payable by respondent Nos.1 and 2 being employer of respondent No.3.

3. The claimant examined himself as PW-2 to prove the injuries suffered on his body as well as his hospitalization in General Hospital, Sector 16, Chandigarh, from 07.05.1994 to 28.05.1994. He has testified that he was operated upon and a nail was inserted in his leg, and that, he was not able to walk briskly, nor could he undertake long walks on foot as his left knee would start aching. His leg has been shortened by 1/2 or 3/4 inch and he has to limp while walking. He claimed to be earning about Rs. 12,000 per month as professional income being an Advocate. His professional working was interrupted for 11 months when he remained bed ridden due to the accident. Even after resuming work, his professional income did not reach the earlier levels for quite some time. It has also been testified that he was unable to drive properly and, therefore, had to employ a driver, to whom he was paying about Rs. 2,000 per month.

4. Further, to prove his case, claimant examined PW-1, Dr. N.K. Aggarwal, Orthopaedic Surgeon, General Hospital, Sector 16, Chandigarh. The witness testified that he examined the claimant on 07.05.1994. On X-ray examination, there was a fracture on the left thigh bone on its upper part, for which claimant was operated upon on 17.05.1994. K-nail was inserted and he remained in the hospital care till 28.05.1994. He further testified that on 08.08.1998, he examined the claimant for the purpose of assessing his permanent disability. He found the left lower limb was short by 1/2 inch and there was a permanent disability of 15%, and the patient/claimant was having difficulty in squatting and sitting cross legged. Besides, he had difficulty in running because of limitation of movement in left knee joint. He further stated that the claimant will have problem in standing for long periods, and would require help of a driver for driving a vehicle. The disability certificate was proved as Exh.P1.

5. Driver, Naresh Kumar, has been examined as PW-3, who testified that he was employed as driver by the claimant on 10.05.1994 and was drawing a salary of Rs. 1,500 per month up to December 1995. Thereafter, his salary was increased to Rs. 2,000 per month. He also stated that the claimant was not in a position to drive a vehicle.

6. Based on this evidence, the Tribunal found that as per income tax returns, the claimant's income had not decreased. Still, in case an advocate remained confined to bed, his professional income and clientele is bound to decrease. The disability of 15% was qua his affected limb only, and, therefore, for whole body the disability would be 15 x 3/5 = 9%. The amount for expenses of medical bills including physiotherapy and other bills produced/proved on record was found to be Rs. 10,512. The Tribunal awarded an amount of Rs. 40,000 on account of permanent disability; an amount of Rs. 30,000 on account of pain and suffering; an amount of Rs. 20,000 on account of medical and travelling expenses; and an amount of Rs. 30,000 for employment of the driver as well as a maid servant. Assessing the claimant's income as Rs. 5,000 per month, Rs. 55,000 was allowed as compensation for loss of eleven months' earnings. Therefore