The percentage of physical disability does not directly correlate to the loss of earning capacity, and a proactive role by the Tribunal is necessary to assess the impact of permanent disability on the claimant's earning capacity.

JUDGMENT :

1. This is an appeal by the Insurance Company, questioning the judgment and award of Mr. Gopal Kulshreshtha, the Additional District Judge, Court No.8/Motor Accident Claims Tribunal, Kanpur Nagar dated 16.09.2014, awarding compensation to the claimant-respondent for the injuries sustained by him in a motor accident.

2. Mr. Sanjay Dixit, along with his friend, Jawahar Lal, was proceeding on foot, according to rule of the road, on the left-hand-side from Ram Narayan Bazar to Phool Bagh, located in District Kanpur Nagar on 23.09.2013 at about half past eleven in the night hours. As the two had traversed a small distance beyond the Baba Sweet House, a Maruti Car bearing Registration No. UP 78 AB 7211, that is said to have been driven very fast and negligently by its driver, came up behind them and hit the two on the rear side. Both Sanjay Dixit and his friend sustained grievous injuries. The passers-by, that include one Kanhaiya Lal and another Anil Kumar, amongst many others, called alarm and made efforts to apprehend the offending vehicle. The driver, however, sped away and escaped. The members of the public present, nevertheless, noted down the registration number of the offending vehicle. The Police reached the spot. The members of the public and the Police, together conveyed Sanjay Dixit and his friend Jawahar Lal for medical aid to a certain K.P.M. Hospital, where they were admitted. The two were administered first aid there. Mr. Sanjay Dixit, who has brought this claim petition, shall hereinafter be referred to as "the claimant".

3. Since the claimant had sustained grievous injuries, and the hospital where he was given first aid did not have the facility of doing an x-ray imaging, he was referred to Ursala Hospital. It is the claimant's case that until the institution of the claim petition, he was under treatment at the Ursala Hospital. The accident was reported to the Police by Bandi Lal, a brother of the claimant's friend and the other injured Jawahar Lal. On the report lodged by the aforesaid informant relating to the accident, Case Crime No. 156 of 2013, under Sections 279, 338 IPC, Police Station - Philkhana, District - Kanpur Nagar was registered. The claimant is an Advocate, practicing in the District Courts at Kanpur since the year 1996. The claimant's case is that he had a monthly income from his profession in the sum of Rs. 20,000/-, which was the source of his livelihood and that of his family members. As a result of the accident, the claimant says that he has become physically handicapped, the injury afflicting his right lower limb. It has become difficult for him to move about. He further says that the handicap has adversely affected the claimant's profession and, in turn, wiped out his income therefrom. It is also the claimant's case that he cannot do any work or activity in the same manner as he could before the accident. At the time of the accident, he was aged 44 years. The claimant asked for a total compensation of Rs. 29,33,000/-. The owner of the car, one Nazim Khan and the Insurance Company, the United India Insurance Company Ltd. were arrayed as opposite parties to the claims petition. Both the owner and the Insurance Company contested the claimant's case, denying the involvement of the offending vehicle, besides raising other pleas. It would be idle to refer to the pleadings of the parties, inasmuch as the limited issue that has been raised on behalf of the Insurance Company in this appeal is about the quantum of compensation.

4. There were five issues framed by the Tribunal and all of them were answered in favour of the claimant. In view of the limited challenge raised by the appellant, findings recorded by the Tribunal on Issues Nos. 1 to 4 are not required to be examined and must be held to have become final inter partes. It is the fifth issue alone that is the subject matter of this app