fixed by the Medical Board. The Tribunal, taking note of the age of the claimant at 32 years, has applied the multiplier 17, but as rightly contended by the learned counsel appearing for the second respondent, the Tribunal though fixed the disability at 70%, has fixed the disability compensation for 100%. As rightly contended by the learned counsel appearing for the claimants, it is only a mistake by oversight. Hence, the claimant is entitled to get the disability compensation at Rs.4,28,400/(Rs.3,000/- x 12 x 17 x 70%). The Tribunal has also awarded Rs.50,000/towards pain and suffering, Rs.25,000/- towards extra nourishment, Rs.9,000/- towards loss of income, Rs.3,000/- towards transport expenses, Rs.12,000/- towards attendant charges and Rs.1,000/- towards loss of articles. But as rightly contended by the learned counsel appearing for the second respondent, since the claim petition is filed under Section 163A of the Motor Vehicles Act, the claimant is entitled to only a sum of Rs.15,000/- towards medical expenses and Rs.5,000/- towards pain and suffering, but the Tribunal, without considering the above provisions, awarded excess amount under various heads and as such, the same are liable to be set aside. Considering the above, the claimant is entitled to get total compensation of Rs.4,48,400/-.
