ash 1 fa-510.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION FIRST APPEAL NO.510 OF 2011 The New India Assurance Co. Limited. .. Appellant Vs Rajendra Balkrishna Deshmukh & Ors. .. Respondents -- Shri V.N. Sagare for the Appellant. Shri T.J. Mendon for the Respondents. -- CORAM : A.S. OKA, J DATED : 28TH JUNE, 2011 P.C. . Heard learned counsel appearing for the Appellant. The challenge is to the judgment and award passed by the learned Member of the Motor Accident Claims Tribunal in a claim Petition filed by the 1st Respondent under Section 166 of the Motor Vehicles Act, 1988. The claim was made on account of injuries sustained by the 1st Respondent in a motor accident. The Tribunal has granted compensation of Rs. 52,900/- ( inclusive of no fault liability amount ) with interest at the rate of Rs.7.5% per annum from the date of the Application ( i.e. 31st December, 2003) till its actual realisation. 2. The learned counsel appearing for the Appellant (Insurer) ash 2 fa-510.11 submitted that the compensation granted is excessive especially when there was no evidence to prove the income of the 1st Respondent. He submitted that no amount could have been granted on account of loss of income. 3. I have given careful consideration to the submissions. I have perused the impugned judgment. The case of the 1st respondent was that he was employed as a Driver at a monthly salary of Rs.3,500/-. Dr. Pore was examined to prove his disability certificate showing permanent disability to the extent of 22%. The said witness stated that the 1st Respondent will not be in a position to drive any vehicle in future. 4. The 1st Respondent suffered head injury and infact he suffered from a fracture of skull. A sum of Rs.22,000/- has been granted on account of permanent disability. A sum of Rs.5,000/- has been granted on account of pain and suffering. For special diet, a sum of Rs.5,000/- has been granted and a sum of Rs.2,000/- has been granted on account of conveyance allowance. Only a sum of Rs.811/- has been granted on account of medical expenses. By taking monthly income at Rs.3,000/-, only for a period of six months, a sum of Rs. 18,000/- has been granted towards loss of income. ash 3 fa-510.11 5. The compensation amount fixed by the Tribunal cannot be said to be excessive. Hence, no interference is called for. The Appeal is accordingly dismissed. The amount deposited as per Section 173 of the said Act shall be transferred to the concerned Tribunal. The Tribunal will pass appropriate order regarding disbursement/withdrawal of the said amount. 6. Civil Application No. 2232 of 2010 does not survive and is disposed of. ( A.S. OKA, J )