NATIONAL INSURANCE CO LTD Vs. NAVALSINH RAMSINH BARIYA

JUDGEMENT

(1.) THIS appeal under section 173 of the Motor Vehicles Act is at the instance of the Insurance Company and is directed against an award dated 24th May 2005, passed by the M.A.C.T.[Aux.], Panchmahals at Godhra in MAC Petition No. 1954 of 2002, thereby disposing of an application under section 166 of the Motor Vehicles Act by awarding a sum of Rs. 4,59,730/ - with interest at the rate of 9% per annum from the date of filing of the application till realization from the opponent for the injuries caused to the claimant. After going through the materials on record, it appears that there is no dispute that the claimant was injured in an accident alleged in the application while he was travelling in a scooter as pillion rider. The learned Tribunal below found negligence on the part of the offending vehicle which is a jeep. It further appears that the victim was a Police Head Constable serving with the State of Gujarat.

(2.) THE learned Tribunal below awarded a sum of Rs. 4,59,730/ - under the following heads:

(3.) MR . Sunil Parikh, the learned advocate, appearing on behalf of the Insurance Company has taken a pure question of law as to entitlement of Rs. 3,54,240/ - towards the loss of future income by pointing out that inspite of the injury suffered, the victim is working in the same post, and in the cross -examination, which was given two years after the accident, he has admitted that he was then serving in the same post on which he was previously serving and that his salary had not been decreased nor had he been degraded in his service. Relying upon the aforesaid admission, Mr. Parikh contends that in such circumstances, the learned Tribunal below was not justified in awarding a sum of Rs. 3,54,240/ - towards the loss of future income when he has not suffered any loss of future income due to the accident.