ORAL JUDGMENT

1. This appeal is preferred by the Insurance Company against the judgment and award dated 17.07.2018 passed by the Motor Accident Claim Tribunal, (Main) Surat, in Motor Accident Claim Petition being MACP No.439 of 2013.

2 The brief facts of the present case are as under that:

2.1 It is alleged that on 23.11.2012 at 11:15 hours at night, when the respondent No.1 was travelling by a car driven by respondent No.2, a truck came from opposite side with full lights, and therefore, the driver lost control and collided with the neem tree resulting into injuries to the claimant being fracture of the knee and left femur. Accordingly, he had to undergo medical treatment and it is claimed that he has suffered 35% disability in the left leg.

2.2 The claimant respondent No.1 has filed a claim for taking 8,00,000/- under various heads along with costs and interest by preferring the Motor Accident Claim Petition being MACP No.439 of 2013, in MACT (Main) Surat.

2.3 The respondent No.1 claimant has claimed that he was getting a salary of Rs.9,000/- and Rs.3,000/- as commission, and therefore, he was earning a total Rs.12,000/- per month by doing marketing job. In support of his claim, he h