In motor accident injury claims, compensation must be calculated by reflecting future prospects and applying appropriate multipliers based on age. While income estimation requires evidence, damages for medical costs and suffering must be adequate, subject to proportional deductions for any proved contributory or self-negligence of the claimant.

JUDGMENT :

1. Captioned appeal is filed against the impugned judgment and award dated 05.08.2008 passed by the Motor Accident Claims Tribunal (Aux), Fast Track Court No.5, Bhuj at Kachchh in Motor Accident Claim Petition No.145 of 1993, whereby the learned Tribunal had partly allowed the claim petition and awarded a sum of Rs.3,06,600/- as a compensation along with the interest at the rate of 12% per annum from the date of filing of the claim petition till 31.12.2000 and thereafter with effect from 01.01.2001 till its realization at the rate of 9% per annum.

2. The succinct facts leading to file the captioned appeal are that on 21.08.1992, at about 10 O’ Clock in the morning, claimant- Hareshbhai Pragjibhai Sagar along with his wife, was going to Mandvi from Bhuj on the motorcycle bearing registration No.GUX-5481. He was riding the said motorcycle at a moderate speed and on the left side of the road. When they reached near D. N. C. of Mandvi, in the meantime, one ambassador car bearing registration No.GUT-7941 came in a rash and negligent manner at an excessive speed from the wrong side and collided with the motorcycle of the claimant. As a result of the accident, Hareshbhai Pragjibhai Sagar and his wife sustained grievous injuries.

2.1. Having been served with the notice of claim petition, the opponent No.3-Insurance Company appeared through its advocate and filed Written Statement at Exhibit-27, thereby denying the contents of the claim petition and prayed for dismissal of the claim petition.

2.2. Having considered the pleadings of the parties, the learned Tribunal framed the following issues at Exhibit-18, for determination.

“1. Whether the applicant proves that he was injured near D. N. C., Mandvi on 21-8-1992 by rash and/or negligent act, of the opponent No.1 of Truck No.GUT 7941?

2. Whether the applicant is entitled to get compensation from the opponents or any of them? If yes, what amount?

3. What award?”

2.3. Having considered the pleadings of the parties, oral as well as documentary evidence adduced on record and the submissions canvassed by learned advocates for the parties, the learned Tribunal had awarded a sum of Rs.3,06,600/- as a compensation along with the interest at the rate of 12% per annum from the date of filing of the claim petition till 31.12.2000 and thereafter with effect from 01.01.2001 till its realization at the rate of 9% per annum.

2.4. Being aggrieved and dissatisfied with the impugned judgment and award, the appellant-herein preferred the captioned appeal on the ground of quantum.

3. Heard learned advocates for the parties.

4. Ms. Niyati K. Shah, learned advocate appearing on behalf of the original claimant/appellant, vehemently submitted that at the time of accident, the claimant was aged about 35 years and he was engaged in the business/occupation of manufacturing of bangles and thereby was earning a sum of Rs.6000/- per month. She further submitted that the shop was registered under the Shops and Establishments Act and the proof of carrying on the business of making the bangles have also been placed on record. She further submitted that the receipt of payment of income-tax for the year 1991-92 has also been placed on record. However, the learned Tribunal had ignored all the evidence of income and assessed the income of the claimant/appellant at very lower side i.e. Rs.3500/- pe