In personal injury claims, future earning capacity and prospects must be evaluated in light of established income and applicable legal precedents.

Order

09/10/2025 The present appeal has been filed by the appellant/claimant under Section 173 of the Motor Vehicles Act , 1988, assailing the impugned award dated 03.02.2025 passed by learned Motor Accident Claims Tribunal, Dungarpur (hereinafter referred to as "the learned MACT/Tribunal"), in MAC Case No.106/2023 titled as "Smt. Deepika Vs. Manilal & Ors.", whereby the claim petition filed by the appellant/claimant- Deepika, has been partly allowed and a sum of Rs.6,19,461/- has been awarded as compensation.

Brief facts giving rise to the present appeal are that on

11.07.2021 at about 12:00 noon, one Purvi along with her friend Deepika (appellant/claimant) was travelling from Bassi Fala Karata to Rohanwada on a Scooter bearing registration No. RJ-12-SX- 4546. When they reached near the Panchayat Bhawan of village Vajeda Peeplad, a Tractor bearing registration No. RJ-12-RB-0296 coming from the opposite direction at a high and excessive speed, being driven by the driver in a rash and negligent manner, hit the Scooter. As a result of which, Purvi succumbed from injuries while appellant- Deepika sustained grievous injuries and had to undergo medical treatment & surgery.

Consequently, the claimant/appellant filed a claim petition stating that the claimant was 26 years of age engaged as a tailor and also helped her parents in agriculture, thereby earning approximately Rs.25,000/- per month, therefore, prayed for just and fair compensation.

In response, the respondent/non-claimants No.1 & 2 filed a joint reply, while respondent/non-claimant No.3-Insurance Company filed a separate reply, denying the averments of the claim petition. It was averred that the accident had occurred due to negligence of the claimant and that the driving of the offending vehicle was not having a valid driving license.

On the basis of pleading of the parties, the learned Tribunal framed four issues.

In order to substantiate the averments made in the claim petition, the claimant/appellant, the claimant examined two witnesses viz., AW-1 Smt. Premlata and herself examined as AW-

2, and produced documents including Injury Report (Ex.12), Medical Bills, Test Reports, Discharge ticket, Permanent Disability certificate (Ex.33), Photographs etc.

After hearing the arguments of the parties, the learned Tribunal partly allowed the claim petition and awarded a round off compensation of Rs.6,19,461/- along with interest at 7.5% from the date of filing of the claim petition until realization.

Being aggrieved of which the claimant/appellant has preferred the present appeal.

Learned counsel for the appellant/claimant submitted that the learned Tribunal erred in assessing the income of the claimant and in computing the loss of future earning capacity by adopting the minimum wages of an unskilled labourer, despite sufficient material to establish her independent income as a tailor. It was further argued that the Tribunal failed to consider the loss of future prospects, although the claimant was only 26 years old at the time of the accident and had suffered 26% permanent disability with respect to the whole body, adversely affecting her earning capacity. He has further contended that in computing the compensation due to the appellant on account of loss of future income, future prospects of increase of income had not been taken into account by the tribunal. He further submitted that an addition of 40% to the income of the appellant should have been awarded toward future prospects as appellant was self employed and was below 40 years of the age and accordingly she is also entitled to future prospects in the light of judgment of Hon’ble Apex Court in the case of Pappu Deo Yadav Vs. Naresh Kumar reported in AIR

2020 SC 4424. It is also contended that the compensation awarded under the heads of medical expenses, pain and suffering, and loss of amenities is inadequate, given the severity of her injuries and prolonged treatment. Hence, enhancement of compensation was earnestly prayed for.