NITESH KANWAR SHEKHAWAT Vs. TARACHAND

JUDGEMENT

(1.) Instant appeal has been preferred by the claimant-appellant (for short 'the claimant') dissatisfied with the judgment and award dtd. 24/4/2017 passed by Motor Accident Claims Tribunal No.1, Jaipur Metropolitan, Jaipur (hereinafter referred to as 'the Tribunal') in Claim Case No.328/2013 whereby an amount of Rs.14,50,000.00 alongwith interest @ 6% was awarded as compensation in favour of the claimant.

(2.) Learned counsel for the claimant submits that the Tribunal had erred in not granting the amount due to loss of future income on account of permanent disability to the claimant. Learned counsel for the claimant also submits that finding of the Tribunal regarding issue No.4 is absolutely contrary to law. Learned counsel for the claimant also submits that claimant had exhibited the disability certificate as Ex.16 in the evidence. As per the disability certificate, claimant suffered permanent disability of 29.33% but the Tribunal had not awarded any compensation towards the permanent disability and loss of future income. So, award of the Tribunal be modified.

(3.) Learned counsel for the claimant has placed reliance upon the judgment of Hon'ble Apex Court in the case of Hari Om Vs. National Insurance Co. Ltd. reported in 2023 ACJ 595. Learned counsel for the Insurance Company has opposed the arguments advanced by learned counsel for the claimant and submitted that the Tribunal while deciding the issue No.4 clearly stated that no loss of future income was occurred to the claimant. So, the Tribunal rightly denied the compensation towards the disability.