Case Note & Summary
The Supreme Court allowed the appeal of the claimant-appellant, Sanjay Rajpoot, against the judgment of the Allahabad High Court which had enhanced the compensation awarded by the Motor Accident Claims Tribunal (MACT), Jhansi. The claimant, aged 23 years at the time of the accident on 3rd April 2018, was riding his motorcycle when a bus coming from the wrong side dashed into him, causing severe injuries leading to amputation of his right leg above the knee. He filed a claim petition under the Motor Vehicles Act, 1988 seeking compensation of Rs.67,00,000/-. The MACT awarded Rs.6,70,000/- with 6% interest, considering notional income of Rs.6,000/- per month and 50% disability. The High Court enhanced the award to Rs.10,10,004/- by granting Rs.1,00,000/- for pain and suffering and 40% future prospects. The Supreme Court examined two main issues: the assessment of functional disability and the determination of the claimant's age. The Court held that due to the amputation, the claimant's ability to move and run his business is severely affected, and thus the functional disability should be assessed at 90% instead of 50%. Regarding age, based on the Matriculation Certificate, Aadhar Card, and Pan Card showing date of birth as 13.11.1995, the Court fixed his age at 22 years at the time of the accident, applying a multiplier of 18 as per Sarla Verma v. DTC. The Court recalculated the compensation, applying 40% future prospects as per Pranay Sethi, and awarded Rs.28,93,494/- under various heads including medical expenses, attendant charges, loss of marriage prospect, special diet and transportation, pain and suffering, and assistant device. The appeal was allowed, modifying the impugned orders accordingly, with interest as awarded by the Tribunal.
Headnote
A) Motor Accident Compensation - Functional Disability - Assessment of Permanent Disability - Loss of Earning Capacity - Motor Vehicles Act, 1988 - Claimant suffered amputation of right leg above knee, affecting mobility and ability to run coaching centre and work as accountant - Held that functional disability should be assessed at 90% as the injury severely impacts earning capacity (Paras 10-12). B) Motor Accident Compensation - Determination of Age - Documentary Evidence - Matriculation Certificate, Aadhar Card, Pan Card - Claimant's date of birth was 13.11.1995, making him 22 years at time of accident in 2018 - Held that age should be fixed at 22 years, applying multiplier of 18 as per Sarla Verma v. DTC (2009) 6 SCC 121 (Para 11). C) Motor Accident Compensation - Future Prospects - Self-Employed Person - 40% addition for future prospects as per National Insurance Co. Ltd. v. Pranay Sethi (2017) 16 SCC 680 - Held that claimant, being self-employed, is entitled to 40% future prospects (Para 12). D) Motor Accident Compensation - Heads of Compensation - Medical Expenses, Attendant Charges, Loss of Marriage Prospect, Special Diet & Transportation, Pain and Suffering, Assistant Device - Various precedents cited - Held that compensation under these heads is payable as per settled law (Para 12).
Issue of Consideration
Whether the functional disability of the claimant-appellant, who suffered amputation of his right leg above the knee, should be assessed at 90% instead of 50%, and whether his age should be determined as 22 years instead of 26 years for computation of compensation under the Motor Vehicles Act, 1988.
Final Decision
The Supreme Court allowed the appeal, modifying the compensation awarded by the MACT and High Court. The total compensation was enhanced to Rs.28,93,494/- with interest as awarded by the Tribunal. The functional disability was assessed at 90%, age fixed at 22 years with multiplier of 18, and 40% future prospects applied.
Law Points
- Assessment of functional disability for amputation
- Determination of age based on documentary evidence
- Application of multiplier as per Sarla Verma
- Future prospects for self-employed persons
- Compensation heads for permanent disability
