Case Note & Summary
The appellant, Sachin Kashinath Harle, was working as a Manager at Hotel Rimzim in Warud. On 28-11-2006, while returning home on his bicycle, a Maruti Van bearing registration no. MH-27-H-2131, driven rashly and negligently by respondent no. 1 (Prashant Babarao Nagpure), hit him. The appellant sustained grievous injuries and was initially admitted to Rural Hospital, Warud, then to Hope Hospital, Nagpur, and finally to Medical College and Hospital, Nagpur, requiring long-drawn treatment. He filed a claim petition under Section 166 of the Motor Vehicle Act, 1988, before the Motor Accident Claims Tribunal, Amravati, in M.A.C.P. No. 99/2007, seeking compensation. The Tribunal, by judgment and award dated 26-11-2012, awarded Rs. 1,50,000/- as compensation. Dissatisfied, the appellant filed the present appeal before the High Court. The High Court considered the nature of injuries, the prolonged treatment, and the loss of earning capacity. It found that the Tribunal had not adequately compensated the appellant for pain and suffering, medical expenses, and loss of income during treatment. The High Court enhanced the compensation to Rs. 2,50,000/- with interest at 6% per annum from the date of the claim petition till realization. The appeal was partly allowed.
Headnote
A) Motor Accident Claims - Compensation for Grievous Injuries - Section 166 Motor Vehicle Act, 1988 - The appellant, a hotel manager, sustained grievous injuries when his bicycle was hit by a Maruti van driven rashly and negligently. The Tribunal awarded Rs. 1,50,000/- which was challenged as inadequate. The High Court enhanced the compensation to Rs. 2,50,000/- considering the nature of injuries, prolonged treatment, and loss of earning capacity. Held that the Tribunal erred in not awarding adequate compensation for pain and suffering, medical expenses, and loss of income during treatment (Paras 1-6).
Issue of Consideration
Whether the compensation awarded by the Motor Accident Claims Tribunal was just and proper, and whether the appellant is entitled to enhanced compensation.
Final Decision
The appeal is partly allowed. The compensation awarded by the Motor Accident Claims Tribunal, Amravati, in M.A.C.P. No. 99/2007 is enhanced from Rs. 1,50,000 to Rs. 2,50,000. The enhanced amount shall carry interest at the rate of 6% per annum from the date of the claim petition till realization. The respondent no. 3 (Insurance Company) is directed to pay the enhanced compensation within six weeks.
Law Points
- Motor Vehicle Act
- 1988
- Section 166
- Compensation for grievous injuries
- Loss of earning capacity
- Medical expenses
- Pain and suffering
- Consequential loss
