Proper assessment of income and functional disability is crucial in determining just compensation under the Motor Vehicles Act.

JUDGMENT

Harkesh Manuja, J. - By way of present appeal, a challenge has been made at the instance of appellant/claimant to an award dated 22.04.2016 passed by the Court of learned MACT, Kaithal, with a prayer for seeking modification of the Award for the purpose of enhancement of compensation.

2. The facts leading to the present case are that the appellant who happens to be a photographer by profession was coming back from Kurukshetra to Kaithal on 11.01.2015 after having boarded a Haryana Roadways bus bearing No.HR-39C-9470. While the bus reached bus stand, Kaithal, respondent No.1 stopped the vehicle. While the appellant was in the process of alighting from the bus (offending vehicle), respondent No.1 without giving any signal, suddenly, started the bus and that too at a high speed, as a result thereof, the appellant fell down on the road and the rear wheel of the Bus ran over his right leg. FIR No.14 dated 13.01.2015, under Sections 279/337 IPC was also registered in this regard. The appellant being claimant filed a claim petition before the learned Tribunal seeking compensation to the tune of Rs. 20,00,000/- along with interest on account of injuries sustained in the aforementioned accident alleging rash and negligent driving of the offending vehicle by respondent No.1.

3. On the other hand, the factum of accident as well as the averments regarding rash and negligent driving were denied by the respondents. The learned Tribunal vide its impugned Award recorded a finding in favour of appellant to the effect that the offending vehicle was involved in the aforementioned accident and the same was being driven in a rash and negligent manner by respondent No.1 which resulted into the said accident. Besides it, considering the nature of injuries which resulted into amputation of right leg of the appellant below knee, a sum of Rs.10,27,000/- was awarded in favour of the appellant along with interest @ 9% per annum from the date of filing the petition till its realization. The details of compensation awarded are given hereinbelow:-

4. In the present appeal, while praying for enhancement of compensation, learned counsel for the appellant submits that while assessing notional income of the appellant/injured @ 6,000/- per month, learned Tribunal has gone wrong while assessing the loss of income @ Rs.2000/- per month only. He further submits that in view of the fact that the appellant was working as photographer, the 80% disability incurred by him on account of amputation of right leg below knee resulted into his functional disability much more than 10% as assessed by the learned Tribunal. Learned counsel for the appellant also submits that his grievance was also as regards inadequate compensation awarded on account of pain and suffering, loss of amenities of life and future enjoyment of life besides, special diet and future medical expenses as well as no compensation having been granted towards final replacement of artificial limb on his body.

5. On the other hand, learned counsel for respondent No.3-Insurance Company submits that the impugned award does not warrant any interference as the appellant/claimant has already been granted just and sufficient compensation.

6. I have heard learned counsel for the parties and perused the paper-book as well. I find force in the argument raised by learned counsel of the appellant that while calculating the pecuniary compensation. Learned Tribunal failed to adopt the appropriate mechanism as neither it assessed the monthly income of the appellant correctly nor it determin