MALOO SINGH Vs. MUNNALAL

JUDGEMENT

(1.) This instant appeal has been filed by the claimant-appellant against the judgment and award dtd. 16/8/2016 passed by the Motor Accident Claims Tribunal (hereinafter referred to as 'the Tribunal'), Kishangarh, District Ajmer in claim case no 133/2011, whereby the amount of Rs.4,62,852.00 has been awarded as compensation on account of injuries sustained by the claimantappellant in an accident occurred on 6/10/2010.

(2.) Learned Tribunal after framing the issues, evaluating the evidence available on record and hearing the counsel for the parties, decided the claim petition filed by the claimant-appellant awarding the compensation of Rs.4,62,852.00 under various heads in favour of the claimant-appellant.

(3.) Learned counsel for the claimant-appellant submitted that the claimant-appellant has suffered 54.44% permanent disability and his both testicles were removed because of the injuries sustained by him in the accident which was occurred on 6/10/2010. He next submitted that because of the aforesaid injuries, the claimant-appellant has been deprived from enjoying the marital life and not a single penny has been awarded towards the head of loss of future amenities. He further submitted that no amount towards future prospects has been awarded in the light of the judgment delivered by the Hon'bel Supreme Court in the case of National Insurance Company Vs. Pranay Sethi and Ors. : reported in (2017) 16 SCC 680 and in support of his contention, counsel for the claimant-appellant has also placed reliance upon the judgment of this Court passed in S.B. Civil Misc. Appeal No.4615/2017 in "Leelaram Vs. Deshraj & Ors." decided on 9/12/2021. He, therefore, prays that recomputation of the award in the present case may be done in the light of the judgment of Hon'ble Supreme Court in the case of Pranay Sethi (supra) and the judgment of this Court in the case of Leelaram (supra)