JUDGMENT : Prakash Shrivastava, J. This appeal u/s 173 of the Motor Vehicles Act, 1988 has been filed against the award dated 8.1.2008, passed by Motor Accidents Claims Tribunal (Fast Track), Kukshi in Claim Case No. 63 of 2007. The appellant had suffered an injury, which had taken place on 11.6.2006. He had filed claim petition before Tribunal and the Tribunal by the impugned award awarded a sum of Rs. 76,000 along with 9 per cent interest from the date of application. The Tribunal found that appellant had suffered permanent disability of 40.4 per cent in the left hand due to the accident. It awarded a sum of Rs. 70,000 on account of loss of future income and further Rs. 2,000 for attendants, Rs. 3,000 for actual medical expenses, Rs. 1,000 for special diet. Thus, a total amount of Rs. 76,000 was awarded by the Tribunal. 2. Learned counsel appearing for the appellant submitted that the Tribunal has committed an error by awarding a lump sum amount without determining the age, income and applying the proper multiplier. The learned counsel further submitted that amount awarded under the conventional heads is on the lower side. 3. Learned counsel appearing for the respondent submitted that the Tribunal has committed an error in fixing the liability on the insurance company. He further submitted that in view of the cross-objection filed by the respondent insurance company that the appellant was travelling as a gratuitous passenger in the transport vehicle, the liability cannot be fixed on the insurance company. He further submitted that the amount awarded by the Tribunal is just and proper and no interference is required. 4. I have heard the learned counsel for the parties and perused the record. 5. So far as the cross-objection filed by the insurance company is concerned, it is noticed that on the basis of the evidence on record, the Tribunal has found that the appellant had purchased the cattle from the market and in the vehicle in question he was travelling along with cattle and he paid the fare for cattle also, therefore, he was travelling along with his goods. Thus, the liability has rightly been fixed on the insurance company in terms of section 147 of the Act. 6. So far as the assessment of loss of future income is concerned, the appellant in the claim petition has disclosed his age as 45 years.
Thus, the liability has rightly been fixed on the insurance company in terms of section 147 of the Act. 6. So far as the assessment of loss of future income is concerned, the appellant in the claim petition has disclosed his age as 45 years. In the oral deposition also, he had stated his age to be 45 years. No contrary evidence has been brought on the record. Thus, the age of the appellant is found to be 45 years. The appellant had suffered permanent disability of the left hand to the extent of 40.4 per cent. He was doing the work of a labourer, therefore, considering the permanent disability and the nature of work, it is found that the permanent disability in reference to the whole body is to the extent of 20 per cent. Since the appellant was doing the work of labourer in the year 2006, therefore, it can safely be presumed that the appellant was earning Rs. 3,000 per month, which comes to the annual income of Rs. 36,000 and calculating 25 per cent loss of income, it is found that the appellant had suffered loss of income to the extent of Rs. 9,000 per year and applying the multiplier of 15, the amount comes to Rs. 1,35,000. 7. So far as the amount awarded by the Tribunal under the conventional heads is concerned, the Tribunal has awarded lower amount on the head of pain and suffering. The appellant is entitled to receive at least Rs. 5,000 on the head of pain and suffering and Rs. 5,000 under the head of special diet and Rs. 5,000 under the head of attendant charges. Keeping in view the fact that the appellant had remained under treatment for a considerable period of time, the appellant, in addition to this, will be entitled to the amount of Rs. 5,000 under the head of transportation and conveyance charges. The amount of Rs. 3,000 awarded towards actual medical expense is just and proper. Thus, the appellant is entitled for a sum of Rs. 1,58,000 (rupees one lakh fifty-eight thousand). On the enhanced amount, the appellant will receive interest at the same rate and on the same terms as awarded by the Tribunal. The appeal is, accordingly, disposed of. No costs.