1 S.B. Civil Misc. Appeal No.1410/2007 Chunni Lal. vs. Kalu & Ors. S.B. Civil Misc. Appeal No.1410/2007 Chunni Lal vs. Kalu & Ors. Date : 10.9.2008 HON'BLE MR. PRAKASH TATIA, J. Mr.Manish Pitaliya, for the appellant. Mr.Rakesh Sharma ) for the respondents. Mr.Sunil Vyas ) - - - - - Heard learned counsel for the parties. This appeal has been preferred by the appellant for enhancement of the compensation awarded by the Motor Accident Claims Tribunal (Additional District Judge Fast Track No.4), Udaipur in MACT Case No.185/2005 vide judgment and award dated 15.12.2006. According to learned counsel for the appellant, the appellant suffered injuries and consequently suffered 10% permanent disability which has been certified by doctor and proved from injury reports Ex.P/9 and Ex.P/10 as well as disability certificate Ex.P/16. The appellant's claim on account of loss of permanent disability was rejected by the learned 2 S.B. Civil Misc. Appeal No.1410/2007 Chunni Lal. vs. Kalu & Ors. Tribunal in award dated 15.12.2006 by observing that normally in case of less than 20% permanent disability, the future loss of income is not taken into account. According to learned counsel for the appellant, the Tribunal ignored the certificate issued by the expert who opined that the appellant suffered permanent disability of 10% and there is no reason for denying the compensation on account of this permanent disability. Learned counsel for the respondents vehemently submitted that while deciding the compensation, the Tribunal considered all aspects in para no.11 of the award and also took into account the loss which could have been suffered by the appellant because of 10% permanent disability and, therefore, the award of Rs.35,000/- on this account and, therefore, there is no illegality in the award. I considered the submissions of learned counsel for the parties and perused the reasons given in the impugned award as well as the record. It is not in dispute that the appellant suffered injuries due to the accident caused by the driver Kalu 3 S.B. Civil Misc. Appeal No.1410/2007 Chunni Lal. vs. Kalu & Ors. on 2.3.2003. In the accident the appellant suffered injuries which have been considered by the Tribunal and the Tribunal also considered the disability certificate Ex.15 given by the doctor opining that the appellant suffered 10% of permanent disability. The Tribunal on account of this injury of fracture in Tibia and Fibula awarded Rs.35,000/- and while doing so, the Tribunal was of the view that the appellant suffered permanent disability in view of certificate Ex.15. However, in para 16, the Tribunal specifically rejected the appellant's claim for loss of future income due to permanent disability as certified by the doctor. The tribunal observed that in case of less than 20% permanent disability, the damages on account of loss of future income is not normally awarded. In my opinion, this observation of the tribunal cannot be accepted assuming for the sake of arguments that normally compensation may not be awarded when permanent disability is less than 20% but each case is to be decided on its merits. In this case, the appellant stated that in view of the nature of his business, the disability will certainly affect his working every day and, therefore, it is not a case where the claim is merely on the basis of permanent disability of 10% but the appellant's claim is that because of that, he will 4 S.B. Civil Misc. Appeal No.1410/2007 Chunni Lal. vs. Kalu & Ors. certainly loose his income in view of the occupation which the appellant is doing. The appellant assessed the monthly income of the appellant as Rs.2,000/-. In view of the above, the appellant suffered loss of future income at the rate of Rs.200/- per month and multiplier of 15 would be just and proper looking to the age of the appellant. In view of the above reasons, this appeal is allowed and the appellant is held entitled to compensation of Rs.2400/- per annum (Rs.200/- per month) with multiplier of 15 amounting to Rs.36,000/-. The amount of claim is enhanced from Rs.43,500/- to Rs.79,500/-. (PRAKASH TATIA), J. S.Phophaliya