1. Leave granted.

2. The claimant is before this Court challenging the order of the High Court whereby the High Court has partly allowed the appeal preferred by respondent-Insurance Company to reduce the compensation from Rs. 4,70,000/- (Rs. Four Lakh Seventy Thousand only) as awarded by Motor Accident Claims Tribunal, to Rs. 1,03,000/- (Rs. One Lakh Three Thousand only).

3. Admittedly, the petitioner-claimant was a driver aged about 32 years as on date of accident i.e. 06.08.1996 and has suffered 50% disability of his right leg due to shortening of leg by 03 inches. The Tribunal assessed his monthly income at Rs. 4,000/- (Rs. Four Thousand only) and on the basis of disability certificate and applicable multiplier of 17, allowed the sum of Rs. 4,08,000/- (Rs. Four Thousand Eight Lakh only) as compensation for loss of earning apacity. He was also awarded Rs. 15,000/- (Rs. Fifteen Thousand) for deprivation of joyful life, Rs. 17,000 (Rs. Seventeen Thousand only) for mental and physical pain and sufferings and Rs. 30,000/-(Rs. Thirty Thousand only) for expenses incurred towards medical treatment.

3. The High Court has reduced the compensation for loss of earning capacity on the ground that since after the accident, petitioner got his transport vehicle license renewed from 08.12.1997 to 07.12.2000 and the said renewal of transport vehicle driving license necessarily involved submission of a medical certificate of fitness and thus the petitioner having presumed to have presented such certificate, has not suffered any incapacity to drive any transport vehicle thus there is no loss of earning capacity. Likewise, since the petitioner has not suffered from any loss of earning capacity, there is no question of loss of future income also.

4. Having heard learned counsel for the parties and on perusal of record, we notice that though High Court has taken note of Section 15 (1) of the Motor Accidents Claims Act, 1988 containing provision regarding renewal of driving license, however, that by itself would not be the sole governing factor to assess the loss of earning capacity. Even if the driving license was renewed on submission of medical certificate, there is no discussion by the High Court as to the manner in which the said event has affected either way petitioner's earning capacity. Since admittedly the petitioner has suffered 50% disability in his right leg due to shortening of leg by 03 inches, there is some loss of earning capacity. In a normal circumstances we would have remitted the matter back for assessment of loss of earning capacity, as the said issue was not dealt with by the High Court. However, considering that the accident occurred on 06.08.1996, almost 29 years back, and the petitioner was allowed Rs. 4,70,000/- (Rs. Four Lakh Seventy Thousand only), we are not inclined to remit the matter back. It was the duty of the Court to have judicially determined the exact loss of earning capacity of the claimant due to disability he has suffered on account of the accident. The said has not been done by the High Court.

5. In the facts and circumstances of the case, we deem it appropriate to allow the present appeal, set aside the impugned order passed by the High Court and to restore the award passed by the Tribunal.

6. Accordingly, the Civil Appeal is allowed.

7. Pending application(s), if any, shall stand disposed of.