JUDGMENT : M.R. Shah, J. Feeling aggrieved and dissatisfied with the impugned judgment and award dated 08/09/2014 passed by learned Motor Accident Claims Tribunal (Main) at Valsad (hereinafter referred to as "the learned Tribunal" for brevity) in Motor Accident Claim Petition No. 146 of 2008 (hereinafter referred to as "claim petition" for brevity) by which, the learned Tribunal has partly allowed the aforesaid claim petition and has awarded a total sum of Rs.17,85,600/- with interest @ 8% per annum from the date of claim petition till realisation to the original injured claimant, the appellant herein - original opponent No. 3 - ICICI Lombard General Insurance Co. Ltd. (hereinafter referred to as the "insurance company" for brevity), has preferred the present first appeal. 2. Facts leading to the present appeal in nutshell are that in a vehicular accident which took place on 31/05/2008, the original claimant sustained serious injuries and his right leg was required to be amputated and he also sustained several other injuries on his left leg as well as right eye. Therefore, the injured claimant filed the aforesaid claim petition before the learned Tribunal claiming compensation at Rs.30 lakhs under different heads including the future economic loss due to permanent partial disability; loss of amenities; pain, shock and sufferings; actual medical expenses and the future medical expenses for removing and changing the artificial leg 5 6 times in future. That on appreciation of evidence, the learned Tribunal has awarded a total sum of Rs.17,85,600/- towards compensation as under: Sr. Head Amt. (Rs. ) 1 Future economic loss 7,05,600/- 2 Actual Medical Expenses incurred 2,25,000/- 3 Change of artificial leg in nearby future 1,00,000/- 4 Future medical expenses - change of artificial leg in future 4,00,000/- 5 Pain, shock and sufferings 1,00,000/- 6 Loss of amenities 1,00,000/- 7 Loss of expectation of life 1,00,000/- 8 Transportation etc. 15,000/- 9 Actual loss of income while taking treatment in the hospital 15,000/- 10 Attendant charge 10,000 Total 17,85,600/- 2.1 Feeling aggrieved and dissatisfied with the impugned judgment and award passed by the learned Tribunal, awarding Rs.17,85,600/- towards compensation to the original injured claimant, the appellant herein - original opponent No. 3 insurance company has preferred the present First Appeal. 3. 3. Shri Nikunt Raval, learned advocate appearing for the appellant insurance company, has vehemently submitted that the learned Tribunal has materially erred in awarding a sum of Rs.4 lakhs towards expenses to be incurred in future for replacement of artificial leg. It is further submitted that the learned Tribunal has materially erred awarding Rs.1 lakh towards loss of expectation of life and Rs.1 lakh towards loss of amenities. It is further submitted that the learned Tribunal has materially erred in awarding interest @ 8% per annum from the date of claim petition till realisation on the future medical expenses i.e. Rs.5 lakhs. No further submissions have been made by the learned advocate appearing for the appellant insurance company. By making above submissions, it is requested to allow the present appeal. 4. Shri Hiren Modi, learned advocate appearing for the original claimant, has tried to oppose the present appeal by submitting that in the facts and circumstances of the case and considering the evidence on record, the learned Tribunal has not committed any error in awarding Rs.5 lakhs towards the expenses to be incurred in future for replacement of artificial leg. However, he is not in a position to satisfy the Court as to how the claimant shall be entitled to interest on the future medical expenses - on the expenses to be incurred in future for replacement of artificial leg. He is also not in a position to satisfy the Court as to how the learned Tribunal is justified in awarding Rs.1 lakh towards loss of expectation of life. However, he has submitted that the learned Tribunal has not committed any error in awarding Rs.1 lakh towards loss of amenities. Therefore, he has requested to pass appropriate order insofar as awarding interest on the future medical expenses - expenses to be incurred in future for replacement of artificial leg (Rs.5 lakhs) and awarding Rs.1 lakh towards loss of expectation of life. 5. Heard, the learned advocates appearing for the parties at length and perused the impugned judgment and award rendered by the learned Tribunal as well as the documentary evidence on record. We have re appreciated the entire evidence on record. On re-appreciation of the entire evidence on record, more particularly, exhs. 5. Heard, the learned advocates appearing for the parties at length and perused the impugned judgment and award rendered by the learned Tribunal as well as the documentary evidence on record. We have re appreciated the entire evidence on record. On re-appreciation of the entire evidence on record, more particularly, exhs. 81 to 90, it appears that, as such, the learned Tribunal has not committed any error in awarding Rs.5 lakhs towards future medical expenses for replacement of artificial leg. It has come on record that in future, approximately 5 - 6 times, the artificial leg is required to be replaced. Under the circumstances, it cannot be said that the learned Tribunal has committed any error in awarding Rs.5 lakhs in all, towards expenses to be incurred in future for replacement of artificial leg. However, the learned advocate appearing for the appellant is justified in making the grievance that the learned Tribunal has materially erred in awarding interest on future medical expenses. As the future medical expenses, which are yet to be incurred by the injured claimant and the claimant would get the same in advance, the claimant shall not be entitled to any interest on the future medical expenses. Under the circumstances, the learned Tribunal has materially erred in awarding interest on the future medical expenses, in the present case Rs.5 lakhs. 5.1 It is required to be noted that, as such, the original claimant has survived and the claim petition has been filed by the injured claimant himself. If that be so, there is no question of awarding any amount towards loss of expectation of life as awarded by the learned Tribunal. Under the circumstances, the learned Tribunal has materially erred in awarding Rs.1 lakh under the head of loss of expectation of life and to the aforesaid extent, the judgment and award passed by the learned Tribunal is required to be modified and the present appeal is required to be partly allowed to the aforesaid extent. 6. Under the circumstances, the learned Tribunal has materially erred in awarding Rs.1 lakh under the head of loss of expectation of life and to the aforesaid extent, the judgment and award passed by the learned Tribunal is required to be modified and the present appeal is required to be partly allowed to the aforesaid extent. 6. In view of the above and for the reasons stated above, the present appeal succeeds in part and the impugned judgment and award is hereby modified to the aforesaid extent and it is held that the original claimant shall be entitled to a total sum of Rs.16,85,600/-instead of Rs.17,85,600/- as awarded by the learned Tribunal), from the original opponents including the appellant - insurance company, jointly and severally, however, with interest @ 8% per annum from the date of claim petition till realisation on Rs.11,85,600/- only (Rs.16,85,600 - (minus) Rs.5,00,000/- (towards future medical expenses). Present appeal is accordingly partly allowed. However, in the facts and circumstances of the case, no order as to costs. 6.1 In view of main First Appeal is disposed of, Civil Application No. 13188 of 2014 in First Appeal No. 3856 of 2014 does not survive and the same is also disposed of accordingly. Appeal partly allowed.