Judgment :- 1. These two appeals by the claimant and Insurance Company respectively, are directed against the same judgment and award dated 26th March 2005 passed in MVC No.804/2000 on the file of the Member, Motor Accident Claims Tribunal-V, Additional Judge, Court of Small Causes, Bangalore City (for short, ‘Tribunal’). The claimant has come up in appeal seeking enhancement of compensation, on the ground that, the compensation of Rs.2,73,595/- awarded in his favour as against his claim for Rs.12,00,000/-, is inadequate and the Insurance Company has come up in appeal, seeking reduction of compensation on the ground that, the Tribunal is not justified in awarding compensation towards loss of future income. 2. The facts in brief are that, the claimant was aged about 36 years at the time of accident and was working as ‘Conductor’ in BMTC. That on 30-11-1996, at about 8.00 A.M., when he was crossing the road from East to West direction, slowly and cautiously, at that time, a Tempo bearing Registration No.KA-02/A-3906 came from North to South direction, in a rash and negligent manner and dashed against the claimant. As a result of the same, he fell down and sustained lacerated wound over the occipital, lacerated wound over forehead, fracture of right clavicle and fracture of acromion. It is his case that he has spent huge sums of money on conveyance, nourishing food and attendant charges apart from medical and other expenses and therefore, he is required to be compensated adequately. 3. On account of the injuries sustained in the accident, the claimant filed the claim petition before the Tribunal, under Section 166 of the Motor Vehicles Act, seeking compensation of a sum of Rs.12.00 lakhs against the Insurance Company, the owner and the driver of the offending vehicle. The said claim petition had come up for consideration before the Tribunal on 26th March 2005. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs.2,73,595/- with interest at 6% per annum from the date of petition till the date of deposit. The Tribunal, after considering the relevant material available on file and after appreciation of the oral and documentary evidence, allowed the claim petition in part, awarding a sum of Rs.2,73,595/- with interest at 6% per annum from the date of petition till the date of deposit. Being dissatisfied with the quantum of compensation awarded by the Tribunal, the claimant is in appeal before this Court, seeking enhancement of compensation, on the other hand, the Insurance Company has come up in appeal seeking reduction of compensation, on the ground that the compensation awarded towards loss of future income is unjustifiable. 4. We have heard learned counsel for claimant and learned counsel for Insurance Company for considerable length of time. 5. Learned counsel appearing for claimant at the outset submitted that, the compensation awarded by Tribunal under all the heads is inadequate and needs to be enhanced, by modifying the impugned judgment and award passed by Tribunal. 6. As against this, learned counsel appearing for Insurance Company submitted that, the Tribunal has committed a grave error in awarding a sum of Rs.1,86,525/- towards loss of future income, when in fact, the claimant is continued in service as ‘Conductor’ in BMTC. Therefore, he submitted that the impugned judgment and award needs to be modified. 7. After consideration of the submission of the learned counsel for the parties and after perusal of the judgment and award passed by Tribunal including the original records placed before us, the points that arise for our consideration are: “I) Whether the Tribunal is justified in awarding compensation towards loss of future income?” II) Whether the compensation awarded towards other heads is justifiable? The occurrence of accident and the resultant injuries sustained by claimant are not in dispute. Re-Point 1: As rightly pointed out by learned counsel appearing for Insurer, the Tribunal has grossly erred in awarding compensation towards loss of future income, resulting in serious miscarriage of justice, when in fact, the claimant has been continued in the services of the Corporation as ‘Conductor’. If the claimant is continued in service, then the question of awarding compensation towards loss of future income does not arise. Therefore, taking this aspect into consideration, without going into further merits and demerits in the case, we hereby set aside the compensation of Rs.1,86,525/- awarded by Tribunal towards loss of future income. If the claimant is continued in service, then the question of awarding compensation towards loss of future income does not arise. Therefore, taking this aspect into consideration, without going into further merits and demerits in the case, we hereby set aside the compensation of Rs.1,86,525/- awarded by Tribunal towards loss of future income. Re-Point 2 : In view of the injuries sustained in the accident, as stated above, the claimant has taken treatment for more than three days in the Hospital and the Doctor has opined that the injuries 1 and 2 are simple and 3 and 4 are grievous in nature. The Doctor has assessed the disability at 35% in respect of right upper limb and 13% in respect of whole body. The claimant, being aged only 36 years, at the time of accident, has to pull on the remaining part of his life with this disability. Therefore, taking into consideration all these aspects we deem it fit and proper to award a sum of Rs.5,000/-towards medical expenses, conveyance, nourishing food and attendant charges as against Rs.3,000/- and a sum of Rs.30,000/-towards loss of amenities, unhappiness, and discomforts, as against Rs.22,500/- awarded by Tribunal. However, the Tribunal is justified in awarding compensation of Rs.16,570/- towards loss of income during treatment period and a sum of Rs.45,000/- towards pain and sufferings. Therefore, it does not call for interference. 8. In the light of the facts and circumstances of the case, as stated above, the appeal filed by claimant is disposed of, awarding compensation of Rs.96,570/- as against Rs.2,73,595/- and the appeal filed by the Insurer is allowed in part, reducing the compensation from Rs.2,73,595/- to Rs.96,570/- (total reduction being Rs.1,77,025/-), with interest at 6% per annum from the date of petition till the date of realization. The impugned judgment and award dated 26th March 2005 passed in MVC No.804/2000 on the file of the Member, Motor Accident Claims Tribunal-V, Additional Judge, Court of Small Causes, Bangalore City stands modified accordingly. The impugned judgment and award dated 26th March 2005 passed in MVC No.804/2000 on the file of the Member, Motor Accident Claims Tribunal-V, Additional Judge, Court of Small Causes, Bangalore City stands modified accordingly. The breakup is as follows: Towards Pain and Sufferings ----- Rs.45,000/- Towards Loss of Amenities on Account of permanent disability & future enjoyment of life ------ Rs.30,000/- Towards Medical Expenses, conveyance, nourishing food and attendant charges -----Rs.05,000/- Towards Loss of earning during treatment period ------ Rs.16,570/- Total ------ Rs.96,570/- The Insurance Company is directed to deposit the compensation awarded by this Court with interest thereon at 6% per annum, within four weeks from the date of receipt of copy of the judgment and award. The manner of disbursement of compensation shall be proportionately reduced to the extent of reduction of compensation by this Court. On such deposit by the Insurance Company, the same shall be released in favour of the claimant, immediately. The statutory amount deposited by the Insurer shall be transmitted to the jurisdictional Tribunal, forthwith. Office to draw award, accordingly.