In cases of permanent disability arising from motor accidents, victims are entitled to compensation for future prospects. Furthermore, a pillion rider is not liable for the negligence of a vehicle driver, and no deduction from the total compensation award is permissible for such composite negligence.

JUDGMENT

1. The captioned appeal is filed against the impugned judgment and award dated 06.07.2018 passed by the learned Motor Accident Claims Tribunal (Auxiliary) at Rajkot in MACP No.1073/2008, whereby the learned Tribunal had partly allowed the claim petition and awarded the compensation to the tune of Rs.1,44,313/- after deducting 10% on account of negligence of the rider of the motor cycle along with interest at the rate of 9% per annum from the date of filing of claim petition till its realization.

2. The succinct facts leading to file the captioned appeal are that on 09.06.2008, the original claimant-Vinubhai Dayabhai Pansuriya was travelling on a motor cycle bearing registration no.GJ.13.Q.2484 as a pillion rider. When he reached at the place of accident, the respondent no.1 herein came by driving his maruti car bearing registration no.GJ.10.F.6769 from the wrong side, in rash and negligent manner, at an excessive speed and dashed with the said motor cycle, in which the claimant was travelling. Due to the impact of the said accident, the original claimant sustained severe bodily injuries, including fracture injuries. It is also the case of the claimant/appellant herein that at the time of accident, he was running a factory under the name and style of M/s. Ravi Industries and also engaged in the agricultural work and thereby earning a sum of Rs.3,00,000/- to Rs.4,00,000/- per annum from both sources. Therefore, the claim petition for seeking the compensation of Rs.7,00,000/- came to be filed.

3. On being served, the respondent no.1/driver of the maruti car filed the written statement at Exh.19 while the respondent no.2/insurance company filed its written statement at Exh.13. Both the respondents have denied the averments made in the claim petition and prayed for rejection of the claim petition.

4. Having considered the pleadings, evidence led by the respective parties and the submissions canvassed by the respective parties, the learned Tribunal had partly allowed the claim petition and awarded the compensation to the tune of Rs.1,44,313/- after deducting 10% on account of negligence of the rider of the motor cycle along with interest at the rate of 9% per annum from the date of filing of claim petition till its realization.

5. Being aggrieved and dissatisfied with the impugned judgment and award, the claimant/appellant herein challenged the impugned judgment and award on the ground of negligence as well as quantum.

6. Heard learned counsels for the parties.

7. Ms. Viral N. Modi, learned counsel appearing on behalf of Mr. Nishit A. Bhalodi, learned counsel for the claimant/appellant herein vehemently submitted that at the time of accident, the claimant/appellant was running a factory under the name and style of M/s. Ravi Industries and also doing the agricultural work and thereby earning a sum of Rs.3,00,000/- to Rs.4,00,000/- per year. The learned Tribunal, after considering the material on record, assessed the monthly income of the claimant/appellant as Rs.11,600/- per month; however, the learned Tribunal has not considered the future prospects of the claimant/appellant, though at the time of accident, he was 48 years old. She submitted that the learned Tribunal has not awarded any amount of compensation under the head of future loss of income on the ground that after the accident, the income of the claimant/appellant had increased, therefore, he is not entitled to get the compensa