IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.653 OF 1995 FIRST APPEAL NO.653 OF 1995 FIRST APPEAL NO.653 OF 1995 WITH CIVIL APPLICATION NO.3845 OF 1999 CIVIL APPLICATION NO.3845 OF 1999 CIVIL APPLICATION NO.3845 OF 1999 A.G.Krishnan & New India Assurance Co.Ltd., )..Appellants Versus Pappu Altaf Hussein )..Respondent ---- Mr.S.S.Vidyarthi for the appellant. Mr.R.B.Parab i/by D.S.Sawant for the respondent. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 16.4.2008. PC 1. The appellants have filed this First Appeal impugning a judgment & Award dated 24.1.1995 passed by the Member, 2nd Additional Motor Accident Claims Tribunal in Application No.1851/92. At the stage of argument, learned Advocate for the appellants states that he is restricting his appeal to a single point i.e. the Tribunal had wrongly awarded a sum of Rs.10,000/- for loss of two years career. On perusal of the impugned judgment and order it appears that the injured boy was schooling in 5th Standard in Guru Nanak National High School at the time of the accident. It was contended that he did not attend the school for about one year or more and therefore, could not pass his examination for 2 : 2 : years. On this basis the Court concluded that since he lost 2 years of education, he would also loose 2 years in his career. On this count, Rs.10,000/- was awarded. In my view, the boy was schooling only in 5th standard. He may not have attended school for a period of one year. This by itself, cannot be a ground for awarding amounts for loss of any career which was not fructified. The Tribunal did not know what kind of a career the boy would ultimately have. In the circumstances of this case, amount of Rs.10,000/- ought not to have been granted for loss of 2 years career. The appeal is therefore, allowed to this extent. The order is therefore, modified and the original opposite party and the insurer are jointly and severally directed to pay to the original applicant a sum of Rs.97,200/- with interest thereon @ 15% per annum from the date of the application i.e. 11.6.1992 till payment or realisation and all the expenses of the application. Subject to this modification, First Appeal stands disposed off. CIVIL APPLICATION NO.3845 OF 1999 . Heard both sides. Civil Application allowed. Amendment to be carried out forthwith. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)