Prakash Shrivastava, J:

1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed against the award dated 08-01-2008, passed by the Motor Accident Claims Tribunal, (Fast Track), Kukshi in Claim Case No.63/07.

2. The appellant had suffered an injury, which had taken place on 11-06-2006. He had filed claim petition before Tribunal and the Tribunal by the impugned award, awarded a sum of Rs. 76,000/- along with 9% interest from the date of application. The Tribunal found that the appellant had suffered the permanent disability of 40.4% in the left hand due to the accident. It awarded a sum of Rs. 70,000/- on account of loss of future income and further Rs. 2000/- for attendance, Rs. 3000/- for actual medical expenses, Rs. 1000/- for special diet. Thus, a total amount of Rs. 76,000/- was awarded by the Tribunal.

3. Learned counsel appearing for the appellant submitted that the Tribunal has committed an error by awarding a lump-sum amount without determining the age, income and applying the proper multiplier. He further submitted that the amount awarded under the conventional heads is on the lower side.

4. Learned counsel appearing for the respondent submitted that the Tribunal has committed an error in fixing the liability on the Insurance Company. He further submitted that in view of the cross objection filed by the respondent-Insurance Company that the appellant was travelling as gratuitous passenger in the transport vehicle, the liability cannot be fixed on the Insurance Company. He further submitted that the amount awarded by the Tribunal is just and proper and no interference is required.

5. I have heard the learned counsel for the parties and perused the record.

6. So far as the cross objection of the Insurance Company is concerned, it is noticed that on the basis of the evidence on record, the Tribunal has found that the appellant had purchased the cattle from the market and in the vehicle in question he was travelling along with cattle and he paid the fare for cattle also, therefore, he was travelling along with his goods. Thus, the liability has rightly been fixed on the Insurance Company in terms of Section 147 of the Act.

7. So far as the assessment of loss of future income is concerned, the appellant in the claim petition has disclosed his age as 45 years. In the oral deposition also, he had stated his age to be 45 years. No contrary evidence has been brought on record. Thus, the age of the appellant is found to be 45 years. The appellant had suffered permanent disability of the left hand to the extent of 40.4%. He was doing the work of a labourer, therefore, considering the permanent disability and the nature of work, it is found that the permanent disability in reference to the whole body was to the extent of 20%. Since the appellant was doing the work of the labourer in the year 2006, therefore, it can safely be presumed that the appellant was earning Rs. 3000/- per month, which come to the annual income of Rs. 36,000/- and calculating 25% loss of income, it is found that the appellant had suffered the loss of income to the extent of Rs. 9000/- per year and applying the multiplier of 15, the amount comes to Rs. 1,35,000/-.

8. So far as the amount awarded by the Tribunal under the conventional heads is concerned, the Tribunal has awarded lower amount on the head of pain and suffering. The appellant is entitled to receive atleast Rs. 5000/- on the head of pain and suffering and Rs. 5000/- under the head of special diet and Rs. 5000/- under the head of attendance charges. Keeping in view the fact that the appellant had remained under treatment for a considerable period of time, the appellant in addition to this, will be entitle to the amount of Rs. 5000/-, under the head of transportation an

d convenience charges. The amount of Rs. 3000/- awarded, for the actual medical expenses is just and proper. Thus, the appellant is entitled for a sum of Rs. 1,58,000/- (Rs. One Lakh Fifty Eight Thousand). On the enhanced amount, the appellant will receive interest at the same rate and on the same terms as awarded by the Tribunal. 9. The appeal is accordingly, disposed of. No costs. Order accordingly.