JUDGMENT

Nidhi Gupta, J.

Present appeal has been filed by the injured-claimant seeking enhancement of compensation of Rs.14,68,000/- granted by the Motor Accident Claims Tribunal, Chandigarh (hereinafter referred to as 'the Tribunal') vide Award dated 5.9.2016 passed in MACT Case No.363/2015 under section 166 of the MOTOR VEHICLES ACT ,1988 (hereinafter referred to as 'the Act').

2. Brief facts of the case are that ld. Tribunal on the appraisal of facts, pleadings and evidence adduced on record held that the injured-claimant (appellant herein) sustained injuries in a motor vehicular accident that took place on 24.12.2014 due to rash and negligent driving of Car bearing registration No. CH-04-A-0061 (hereinafter referred to as 'the offending vehicle') being driven by respondent no.1, owned by respondent no.2 and insured by respondent no.3. The Tribunal awarded compensation as above along with interest @ 7.5% per annum from the date of filing of the claim petition till realization. Liability to pay the compensation was joint and several.

3. Ld. counsel for the appellant seeks enhancement of compensation on the ground that due to the injuries suffered by the appellant, in the accident in question the appellant has been rendered 80% disabled. It is further submitted that at the time of accident the appellant was 43 years of age and was a businessman and used to fit Dish TV from which vocation he was earning Rs.25,000/- per month. However, as a result of the accident he suffered fracture of both bones distal right leg, Hemiperisis right side, head injury, fracture ribs and other multiple injuries. He was taken to Civil Hospital Mohali from where he was referred to GMCH Sector 32, Chandigarh. He had undergone an operation and External Fixator was applied. He remained in ICU in GMCH Sector 32, Chandigarh for about one month in unconscious state. He was discharged on 3.2.2015. He was again admitted in GMCH 32, Chandigarh on 10.3.2015. He was again operated on 17.3.2015 and 25.3.2015. He was discharged on 6.4.2015. It is submitted that till date the appellant is bed ridden and cannot move without any support and is continuously under follow-up treatment in GMCH Sector 32, Chandigarh. He was examined by the Medical Board of GMCH Sector 32, Chandigarh and his permanent disability was assessed to the extent of 75%, which has been taken as 80% functional disability by the learned Tribunal. It is submitted that appellant is in wheelchair and in this situation functional disability of the appellant should have been assessed as 100%. It is further submitted that in these circumstances sum of Rs.78,000/- as granted by the ld. Tribunal towards attendant charges is on lower side and deserves to be enhanced; and also amount of Rs.5,040/- granted by the Tribunal towards physiotherapy is also on lower side and deserves to be enhanced. In support, ld. counsel relies upon judgement of the Hon'ble Supreme Court in Jithendran v. New India Assurance Co. Ltd. And anr., Law Finder Doc Id # 1901704, and judgement dated 8.12.2022 of this Court in Ms. Arti v. Sakun Ahmed @ Kaka and others, FAO No.7459 of 2017.

4. In response, it is submitted by the ld. counsel for the Insurance Company that ld. Tribunal has granted future prospects @ 30% whereas keeping in view that the appellant was 43 years of age, the same should be taken as 25%. It is further submitted that notional income of the appellant has been assessed on higher side as Rs.7,000/- per month whereas as per relevant Minimum Wage Notification, notional income ought to be fixed at Rs.6,647/- per month. Ld. counsel relies upon judgement of the Hon'ble Supreme Court in National Insurance Company Limited v. Pranay Sethi and others (2017) 16 SCC 6