Neutral Citation No. - 2025:AHC:79490 Court No. - 48 Case :- FIRST APPEAL FROM ORDER No. - 1832 of 2006 Appellant :- Sanjay Sharmarivatava Respondent :- Shivangi Impe3x And Another Counsel for Appellant :- B.P. Verma Hon'ble Vipin Chandra Dixit,J. Heard Sri B.P. Verma, learned counsel for the appellant and Sri K.S. Chaudhary, learned counsel appearing on behalf of respondent no. 2-Insurance Company. No one is present on behalf of respondent no.1 who is owner of the vehicle. This first appeal from order has been filed under Section 173 of Motor Vehicle Act, 1988 on behalf of the claimant-appellant for enhancement of compensation against the judgment and award dated 22.2.2006 passed by Additional District Judge, Court No. 3/Motor Accident Claims Tribunal, Mathura in M.A.C.P. No. 129 of 2002 (Sanjay Sharma vs. Shivangi Impex and another) by which compensation of Rs. 1,89,558/- along-with 6% interest has been awarded to the claimant-appellant on account of injuries received by him in a road accident on 16.06.2001. It is submitted by learned counsel for the appellant that claimant- appellant had received grievous injuries in a road accident on 16.06.2001 and has become permanent disable on account of injuries received by him. It is further submitted that disability certificate issued by Dr. Subhash Chandra of District Hospital discloses the disability of 36%. The claimant-appellant has also produced Dr. Subhash Chandra, who appeared before the Claims Tribunal and proved the disability certificate. No evidence has been adduced by the Insurance Company in rebuttal but the Claims Tribunal had disbelieved the disability certificate and has awarded only Rs. 6,000/- for loss of income. It is further submitted that the claimant-appellant has fully proved his income as Rs. 7,000/- p.m. which was disbelieved by the Claims Tribunal and only Rs. 1,500/- has been accepted as his monthly income which is on the lower side. It is further submitted that the claimant-appellant is also entitled for 40% future prospects in view of the judgment of Hon'ble Apex Court in the case of Syed Sadiq Vs. Divisional Manager, United India Ins. Co., 2014 0 Supreme(SC) 34. No other ground has been pressed by learned counsel for the appellant. On the other hand, learned counsel appearing on behalf for Insurance Company-opposite party has submitted that the disability certificate filed and relied by the claimant-appellant was not issued by medical board but was issued by a single doctor. It is further submitted that the claimant-appellant has failed to prove his income and Claims Tribunal has rightly assessed income of the injured as Rs. 1,500/- per month. Learned counsel for the Insurance Company has not disputed that the claimant-appellant is entitled for 40% future prospects as his age was 30 years at the time of accident. Considered the submissions of the learned counsel for the parties and perused the record. So far as the income of the injured is concerned, the claimant- appellant has failed to prove his income as Rs. 7,000/- p.m by producing cogent evidence. The income as Rs. 7,000/-p.m has rightly been disbelieved by Claims Tribunal in absence of any authentic evidence in this regard. The Hon'ble Apex Court in the case of Laxmi Devi & Others Vs Mohammad Tabbar & Another reported in 2008 (2) T.A.C. 394 (S.C.) has provided the notional income of Rs. 3,000/-for the accident of 2004. In the present case, the accident was occurred in the year 2001, the income of the injured is accepted as Rs. 2,500/- p.m. So far as disability is concerned, the disability certificate filed by claimant discloses the disability of 36% which was issued by Dr. Subhash Chandra of District Hospital, Mathura, who appeared as P.W.-2 before the Claims Tribunal and proved the disability certificate. No evidence has been led by the Insurance Company in rebuttal. Considering the disability certificate which discloses the disability of claimant as 36%, the functional disability is accepted 25%. The claimant-appellant is also entitled for 40% future prospects in view of judgment of Hon'ble Apex Court in the case of Syed Sadiq (supra). The multiplier of 17 is applicable, as the age of the claimant was 30 years at the time of accident. In view of above discussion, the compensation awarded by the Claims Tribunal is reassessed as below:- 1) Monthly income = Rs.2,500/- 2) Annual income = Rs. 2,500/- X 12= Rs.30,000/- 3) Future prospects (40%) = Rs.12,000/- 4) Total annual income = Rs.30,000/- + Rs.12,000/- =Rs.42,000/- 5) Loss of earning capacity (25%) : Rs. 10,500/- 6) Multiplier applicable : (17) = Rs. 10,500/- x 17 = Rs. 1,78,500/- 7) Loss of future income : Rs. 1,78,500/- 8) Medical expenses : Rs. 1,78,558/- 9) Pain and suffering : Rs. 5,000/- Total : Rs. 1,78,500/- + Rs. 1,78,558/- + Rs. 5,000/- = Rs. 3,62,058/- In view of aforesaid discussion, the appeal filed by claimant is hereby partly allowed and compensation awarded by the Claims Tribunal is enhanced from Rs.1,89,558/- to Rs.3,62,058/-. The claimant-appellant is also entitled for 6% interest on the enhanced amount from the date of judgment and award of Claims Tribunal i.e. 22.02.2006 The respondent-Insurance Company Limited/opposite party is directed to deposit the enhanced amount, within two months from today before the concerned Motor Accident Claims Tribunal. The claimant is entitled to withdraw the entire deposited amount without furnishing any surety. No order as to costs. Order Date :- 12.5.2025 PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad