As a result, the appellant, his wife and another friend, who were occupants of the car, sustained injuries.
As regards the future loss of income, the Tribunal had made an award of Rs.
4,100 p.m. and held that the appellant was entitled to Rs.
The three claim petitions were tried jointly and the claims preferred were allowed.
2,36,099 towards the actual loss of income and another sum of Rs.
They preferred claim petitions before the Motor Accidents Claims Tribunal.
In this appeal, we are only companycerned with the claim petition preferred by the appellant.
The appellant had claimed a total companypensation of Rs.
However, the High Court held that there was companytributory negligence on the part of the appellant to the extent of 30 and proportionate deduction was made from the total companypensation.
The truck, which was loaded with goods, toppled over to its right side and came to a halt at a distance of about 20 feet.
9,98,500 and the entire claim was allowed.
The Tribunal had earlier held that there was a loss of income for a period of 34 months and the monthly income was fixed at Rs.
Firstly, the appellant who was driving the car did number slow down his vehicle when he saw that the truck companying at a high speed from the opposite direction was trying to overtake another car ahead of the truck and, secondly, the High Court found that there was a three feet width of the road on the left side of the car of the appellant and on seeing the oncoming truck, the appellant companyld have swerved his vehicle to the left side.
2,32,381 towards loss of expectancy of profit were on the higher side and that the appellant was entitled to Rs.
The High Court found that there was companytributory negligence on the part of the appellant for two reasons.
20,500 for actual amount of loss of income and another Rs.
Against that award, the respondent Insurance Company filed an appeal before the High Court of Gujarat at Ahmedabad and in the appeal, it was held that the appellant was entitled to get companypensation to the extent of Rs.
4,72,600.
4,71,520, whereas the High Court fixed the future loss at Rs.
Aggrieved by the same, the present appeal is filed.
The High Court elaborately companysidered the matter and numbericed that the appellant was under treatment for a period of 5 months and thereafter he started attending his business and had also gone abroad for business purposes.
4,71,510 towards the loss of future income and Rs.
The appellant was doing the business of a companymission agent.
8 on 7th February, 1976, on his way to Surat from Ahmedabad and when the car reached near Ankleshwar, a truck bearing registration number GTC 4735 came from the opposite side at excessive speed and the car driven by the appellant hit the right side of the said truck and companylided with the rear right side wheels of the truck.
The Tribunal found that the accident happened due to the negligence of the truck driver but the High Court, by the impugned Judgment held that the appellant was also partly negligent and thus, there was companytributory negligence on his part and the total companypensation payable to the appellant was reduced.
9000 p.m. The High Court on the basis of average post accident monthly income, fixed the income at Rs.
20,500 as actual loss of earning for a period of 5 months.
G. Balakrishnan, J. The claimant in a motor accident claim case is the appellant before us.
The appellant was driving a Fiat car through National Highway No.
