JUDGMENT 1. - Instant appeal u/s 173 of the Motor Vehicle Act, 1988 has been filed by the claimant-appellant seeking enhancement of the award dated 28/07/2001 passed by the Motor Accident Claims Tribunal, Jaipur in claim case No.186/1995 by which a compensation to the tune of Rs. 75,000/- has been awarded to the claimant-appellant. 2. None appears for the parties. 3. The facts, which have been gathered on perusal of the impugned award passed by the Tribunal, it reveals that on 26/11/1994, when the claimant-appellant was going on his motorcycle bearing No.RJ-14-6-M-6350 on Ajmer Road, then a Ambassador Car, bearing No.RSM-5217, which was being driven by its driver in a rash and negligent manner by its driver, dashed with the motorcycle of the claimant-appellant resulting in sustaining injuries by the claimant-appellant. 4. The claimant-appellant submitted a claim petition before the Tribunal claiming compensation to the tune of Rs. 7,23,000/- for the injuries sustained by him. 5. As regards respondent No.1/1, since no one appeared despite service of notice, ex-parte proceedings were drawn against him by the Tribunal and as regards respondent No.1/2, he filed reply denying the averments made in the claim petition and it was also averred that he is not the owner of the offending vehicle. As regards respondent No.2, service upon him was dispensed with by the Tribunal on the application moved by the claimant-appellant. So far as the respondent No.3-Insurance Company, it filed its reply denying the avements made in the claim petition and it was contended that since intimation of the alleged accident was not given to it, therefore, there was violation of the terms of the insurance policy and it was also averred that the alleged accident took place on account of negligence of the claimant-appellant himself. 6. The Tribunal, after appreciating the evidence and material on record including FIR, Insurance Certificate, Medical Reports, Discharge Ticket etc. came to the conclusion that the offending vehicle was being driven in a rash and negligent manner and dashed with the motorcycle of the claimant appellant in consequence thereto, the claimant-appellant sustained injuries, however, in so far as the quantum of compensation is concerned, the Tribunal, after considering the fact that the claimant-appellant sustained disability to the extent of 23% as per Exhibit -5, awarded compensation to the tune of Rs. 75,000/- under the heads of pain & suffering, medicines, nutritious diet loss of income during treatment etc. 7. It reveals from the record that the appellant sustained 23% injury in the accident in question but has failed to examine the doctor so as to prove as to what loss will be to his future income on account of the injury sustained by him in the accident in question. 8. The accident in question took place way back in the year 1994 and after going through the award passed by the Tribunal and the material available on record, I find that just and proper compensation has been awarded by the ld. Tribunal.. As per the legal position settled by the Apex Court, every disability does not result into loss of future income and the claimant has to prove that such disability had affected his earning capacity, which the appellant has failed to prove in the instant case. Even no plausible material has been brought on record as to income earning activity or being an agent of tent business so also being employed at an electric shop except a certificate issued from Rajasthan Tent Udyog which says that the appellant was paid Rs. 21,480/- for the period from 10/02/1994 to 26/11/1994. The Tribunal after considering the evidence in detail has awarded the compensation which is just and proper compensation which does not call for any interference of this court. The appeal being devoid of merits deserves to be dismissed and is accordingly dismissed.Appeal dismissed. *******