SUBHASH Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) Learned counsel for the parties stated that the matter may be heard and finally decided at this stage.

(2.) The present appeal has been preferred by the appellant-claimant against the Judgment and Award dated 15.11.2003 passed by the Motor Accident Claims Tribunal, Nagaur, in M.A.C. Case No. 14/2003, whereby the Tribunal partly allowed the claim petition and awarded an amount of Rs. 1,60,000/- as compensation for the injuries suffered to the claimant in the accident occurred on 25.11.2002.

(3.) Learned counsel for the appellant-claimant stated that appellant was doing the job of driver and as per permanent disablement certificate (Annex.7), medical expert found 80% permanent disability. Learned counsel further stated that as per the statement of AW-2 Chenaram (vehicle owner), appellant was the driver on his vehicle and therefore, in present case since, by profession, appellant is driver, he become jobless after the accident, therefore, 100% disablement may be treated in the present case. Learned counsel further stated that as per the guidelines issued by the Apex Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi and Ors. reported in AIR 2017 SC 5157, income towards future prospects was also not awarded by the learned Tribunal. Learned counsel also stated that at the time of accident, appellant was 27 years old, therefore, he is entitled to 40% future prospects and multiplier of 17 should be applied instead of 16. Learned counsel also stated that no compensation towards of pain and sufferings was awarded by the Tribunal, therefore, 25% of the amount awarded may be awarded towards pain and sufferings as per the guidelines dated 05.11.2018 issued by the Rajasthan State Legal Services Authority.