JUDGMENT

1. Captioned appeal is filed against the impugned judgment and award dated 27.11.2024 passed by the Motor Accident Claims Tribunal (Main), Kachchh at Bhuj in Motor Accident Claim Petition No.106 of 2022, whereby the learned Tribunal had partly allowed the claim petition and awarded a sum of Rs.2,13,000/- as a compensation along with the interest at the rate of 7% per annum from the date of filing of the claim petition till its realization.

2. At the request of learned advocate for the parties, the matter is taken up for final hearing at the time of admission.

3. The succinct facts leading to the filing of the captioned appeal are that on 02.03.2022, Shankarlal Mavji Parmar along with Rafik Ismail Kumbhar was travelling on a motorcycle bearing registration No.GJ-12-BB-9821 at a slow speed, by observing the traffic rules. When they reached at the place of accident, the driver of the car bearing registration No.GJ-26-A-9055 came from opposite side at an excessive speed and in a rash and negligent manner, and dashed with the said motorcycle. As a result of the said accident, both the claimants sustained grievous injuries and Rafik Ismail Kumbhar subsequently succumbed to said injuries.

3.1. Having been served with the notice of claim petition, the opponent No.2-Insurance Company appeared and filed Written Statement, thereby denying the contents of the claim petition and prayed for dismissal of the claim petition.

3.2. Having considered the pleadings of the parties, oral as well as documentary evidence on record and the submissions canvassed by learned advocates for the parties, the learned Tribunal had awarded a sum of Rs.2,13,000/- as a compensation along with the interest at the rate of 7% per annum from the date of filing of the claim petition till realization.

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

4. Heard learned advocates for the parties.

5. Mr. Nishit A. Bhalodi, learned advocate appearing on behalf of the original claimant/appellant herein, vehemently submitted that at the time of accident, the claimant was aged about 47 years and had sustained grievous injuries owing to the vehicular accident that occurred on 02.03.2022. The learned Tribunal has assessed the functional disability at 13%. However, the learned Tribunal had not considered the future prospects of the claimant. He further submitted that considering the age of the claimant, 25% of the monthly income ought to have been added on account of future prospects of the claimant. In support of his contention, he has placed reliance upon the judgment rendered by the Hon’ble Supreme Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi and Ors. , reported in (2017) 16 SCC 680 and Sidram Versus The Divisional Manager, United India Insurance Company Limited and Anr. reported in (2023) 3 SCC 439. Having placed reliance upon the aforesaid judgments, learned advocate for the appellant submitted that the learned Tribunal ought to have considered the future prospects of the claimant.

5.1. Learned advocate for the appellant further submitted that the learned Tribunal had awarded a meagre amount of compensation under the head of pain, shock and suffering. He further submitted that the learned Tribunal had not awarded any amount under the head of medical expenses. He further submitted that so far as the compensation awarded under the he