JUDGMENT : REKHA BORANA, J. 1. The present misc. appeal has been filed by the appellant- claimant seeking enhancement of the compensation amount awarded vide Judgment and Award dated 28.09.2022 passed by the Motor Accident Claims Tribunal, Sirohi in MAC Case No.117/2018 (CIS no. 117/2018). The learned Tribunal, vide impugned judgment/award dated 28.09.2022 awarded a sum of Rs.1,49,040/- in favour of the claimant alongwith interest @ 6% per annum from the date of filing of claim petition i.e. 06.08.2018. 2. Brief facts as per the claim petition are that on 21.09.2017, claimant alongwith one Punmaram was travelling towards Jeerawal in auto-rickshaw bearing registration No.RJ-24-PA-2481 driven by Kasturam. At about 1:30 PM, upon reaching near well of Vajaram, car bearing registration No.RJ-24-TA-1484 (the offending vehicle), owned by respondent No. 2, approached from the opposite direction which being driven rashly and negligently, hit the auto- rickshaw as a result of which the appellant sustained simple and grievous injuries. At the time of the accident, the offending vehicle was insured with respondent No.3-Insurance Company. 3. The claimant-appellant preferred a claim petition claiming compensation to the tune of Rs.25,70,000/-. However, the learned Tribunal after framing the issues, evaluating the evidence available on record and after hearing the counsel for the parties, while assessing the monthly income of the claimant to be Rs.5,382/- awarded total compensation of Rs.1,49,040/- in favour of the claimant-appellant, the break-up of which is as under: 1. Income per month Rs. 5,382/- 2. Loss of Income for three days of hospitalization Rs.621/- 3. Hospitalization and attendant charges Rs.3,000/- 4. Physical and mental agony Rs.90,417/- 5. Medical expenses Rs.49,002/- 6. Special diet expenses Rs.3,000/- 7. Transportation expenses Rs.3,000/- 8. Total amount of compensation awarded by the Tribunal Rs.1,49,040/- Learned Tribunal also awarded interest @ 6% per annum from the date of filing of the claim petition. 4. Averring the compensation to be meagre, the appellant has preferred the present appeal. Learned counsel for the appellant raised the following grounds: Firstly , learned Tribunal erred in not considering the future prospects while computing the loss of income. Secondly , the learned Tribunal has wrongly considered loss of earning due to disability @10% only whereas it ought to be @14% as per the ‘permanent disability certificate’. Thirdly , amount awarded qua physical and mental agony is totally inadequate and warrant an increase because of the profound disappointment, frustration and loss of amenities throughout life. Secondly , the learned Tribunal has wrongly considered loss of earning due to disability @10% only whereas it ought to be @14% as per the ‘permanent disability certificate’. Thirdly , amount awarded qua physical and mental agony is totally inadequate and warrant an increase because of the profound disappointment, frustration and loss of amenities throughout life. 5. In support of his submissions learned counsel relied upon Sidram Vs. The Divisional Manager United India Insurance Co. Ltd. & Anr.; (2023) 3 SCC 439 , Abhimanyu Partap Singh Vs. Namita Sekhon & Anr.; (2022) 8 SCC 489 , Sri Laxman@ Laxman Mourya Vs. Divisional Manager Oriental Insurance Co. Lts. & Ors.; 2011 (10) SSC 756, R.D. Hattangadi Vs. M/ S Pest Control (India) Pvt. Ltd. & Ors.; (1995) 1 SCC 551 and Govind Yadav Vs. The New India Insurance Co. Ltd., (2011) 10 SCC 683 . 6. Per contra learned counsel for the respondent Insurance Company submitted that the learned Tribunal correctly assessed disability of the claimant @ 10% keeping into consideration his nature of work as a farmer & labourer. He further submitted that amount qua the other heads is also in consonance with the guidelines as laid down by the Hon’ble Apex Court from time to time and the same does not deserve any interference by this Court. 7. Heard learned counsel for the parties and perused the material available on record. 8. On the issue regarding grant of future prospects in injury cases, the Hon’ble Apex Court in the case of Mohd. Sabeer @ Shabir Hussain Vs Regional Manager; AIR 2023 SC 186 held as under: “It is a well settled position of law that in cases of permanent disablement caused by a motor accident, the claimant is entitled to not just future loss of income, but also future prospects.” 9. In view of the above ratio and in view of the ratio laid down in National Insurance Co. Ltd. v. Pranay Sethi; (2017) 16 SCC 680 , this Court is of the opinion that the learned Tribunal erred in not considering future prospects @25% while computing the loss of income. 10. On the issue of permanent disability, the learned Tribunal observed that the ‘Injury Report’ (Exhibit-09) of the claimant reflected that he had suffered four simple and two grievous injuries and as per Exhibit-34, he suffered 14% permanent disability. 10. On the issue of permanent disability, the learned Tribunal observed that the ‘Injury Report’ (Exhibit-09) of the claimant reflected that he had suffered four simple and two grievous injuries and as per Exhibit-34, he suffered 14% permanent disability. However, no medical practitioner with respect to the injury suffered in right leg and consequent disability was examined and hence, the Tribunal assessed the permanent disability @10%. 11. This Court is of the opinion that the learned Tribunal erred in assessing the permanent disability of the claimant @10% only on the premise that the medical practitioner had not been examined. It is admitted on record that claimant was working as a farmer and laborer. Hence, considering the nature of grievous injuries in his right shoulder and jaw, it cannot be denied that he would always undergo a difficulty in carrying heavy weights and performing his functions as a farmer and laborer efficiently. Mere averment of the Insurance Company that he has not suffered any physical disability and is continuing to work as before, without any supporting evidence, is not tenable. Hence, this Court thinks it proper to assess the permanent disability of the appellant to be 14%, as per the disability certificate. 12. Learned Tribunal awarded a sum of Rs.90,417 (Rs.64,584 x 14 x 10%) cumulatively for loss of future income and earnings and physical and mental agony, while recording its observations on issue No.2. However, in later part of the judgment, it proceeded on to record the said amount of Rs.90,417/- qua physical and mental agony only which clearly seems to be an inadvertent error. The amount of Rs.90,417/- definitely is qua the loss of income only. 13. The Hon’ble Apex Court in the case of Master Ayush Vs. The Branch Manager, Reliance General Insurance Co. Ltd. and Anr.; (2022) 7 SCC 738 observed that the determination of damages in personal injury cases is not easy. The mental and physical loss cannot be computed in terms of money but there is no other way to compensate the victim except by payment of ‘just compensation’. 14. In the case of Abhimanyu Partap (supra) also, the Hon’ble Apex Court while providing for non-pecuniary damages held as under: “21. Under the head "non-pecuniary damages", the claimant has faced the pain, suffering and trauma as a consequence of injuries. 14. In the case of Abhimanyu Partap (supra) also, the Hon’ble Apex Court while providing for non-pecuniary damages held as under: “21. Under the head "non-pecuniary damages", the claimant has faced the pain, suffering and trauma as a consequence of injuries. It is to observe that to award compensation under the head "pain, shock and suffering", multiple factors are required to be considered from the date of accident, which include the prolonged hospitalization and regular medical assistance, nature of the injuries sustained, the operations underwent and the consequent pain, discomfort and suffering. Simultaneously, he has to suffer post-accident agony for whole life, including the amenities of life, which he can enjoy as a normal man but unable to do so on account of permanent disability. In the era of competition, he can perform better as a normal man but is unable to compete with others. Therefore, under the head "pain, shock and suffering", amount of compensation deserves to be granted.” 15. Applying the above ratio to the present matter, it is evident on record that though the claimant remained hospitalized for a period of three days only, he has suffered permanent disability of 14% which would be an impediment for life. Further, he suffered grievous injuries in his jaw and shoulder which would always make it difficult for him to carry out the quotidian tasks. Therefore, this Court deems it appropriate to grant Rs.25,000/- qua physical and mental agony to the appellant-claimant. 16. So far as the award qua hospital and attendant charges, medical expenses, special diet and transportation expenses is concerned, no dispute qua amount as awarded by the Tribunal has been raised and hence, the same is affirmed. 17. Consequently, the present appeal is partly allowed and the impugned judgment/award 28.09.2022 passed by the Motor Accident Claims Tribunal, Sirohi in MAC Case no.117/2018 (CIS no. 117/2018) is modified to the extent that the appellant- claimant shall be entitled to the following compensation: 1. Income per month (after addition of future prospects (25%) in the monthly income of Rs.5,382) Rs.6728/- 2. Loss of Annual Income (as per the age of 42 years of the injured, multiplier of 14 and loss of earning @14% qua disability). Rs. 1,58,243/- 3. Physical and mental agony Rs.25,000/- 4. Hospitalization and attendant charges (as awarded by the Tribunal) Rs.3,000/- 5. Loss of Annual Income (as per the age of 42 years of the injured, multiplier of 14 and loss of earning @14% qua disability). Rs. 1,58,243/- 3. Physical and mental agony Rs.25,000/- 4. Hospitalization and attendant charges (as awarded by the Tribunal) Rs.3,000/- 5. Loss of Income for three days of hospitalization (as awarded by the Tribunal) Rs.621/- 6. Medical expenses (as awarded by the Tribunal) Rs.49,002/- 7. Special diet expenses (as awarded by the Tribunal) Rs.3,000/- 8. Transportation expenses (as awarded by the Tribunal) Rs.3,000/- 9. Total amount of compensation Rs. 2,41,866/- 10. Total amount of compensation awarded by the Tribunal Rs.1,49,040/- 11. Enhanced amount of compensation Rs. 2,41,866/- Rs.1,49,040/- ---------------- Rs. 92,826/- 18. The enhanced amount shall carry interest @ 6% from the date of filing of the claim petition till the actual payment is made. The respondent Insurance Company is directed to deposit the award amount (if not deposited yet) and the enhanced amount of compensation with the Tribunal within a period of two months from the date of receipt of the copy of this order, failing which, the same shall carry interest @ 7.5% per annum from the date of this order till actual realization. Upon deposition, the learned Tribunal is directed to disburse the same to the claimant in terms of the award. 19. Pending applications, if any, stand disposed of.