Case Note & Summary
The appellant, Abdul Salim, was a passenger in a travel bus on 11/10/2002 when the bus overturned due to rash and negligent driving. He sustained severe injuries including traumatic amputation of his left hand below elbow, degloving injury on right thigh, and fracture of right fibula. He underwent skin grafting and was left with 75% permanent disability as certified by the Medical Board. He filed a claim petition before the Motor Accident Claims Tribunal, Nagpur, seeking compensation. The Tribunal awarded Rs.5,81,000/-. Dissatisfied, the appellant appealed for enhancement. The High Court considered the issues of disability assessment, multiplier, and non-pecuniary damages. The Court held that the Tribunal erred in taking disability at 50% without basis and accepted the 75% disability certificate. Applying the multiplier of 18 as per Sarla Verma v. DTC for the appellant's age group (25-30 years), the Court recalculated loss of earning capacity. The Court also enhanced compensation for pain and suffering and loss of amenities to Rs.1,00,000/- each. The total compensation was enhanced to Rs.16,21,000/- with interest at 7.5% per annum from the date of petition.
Headnote
A) Motor Accident Claims - Compensation for Permanent Disability - Assessment of Disability - The appellant sustained traumatic amputation of left hand below elbow and other injuries resulting in 75% permanent disability - The Tribunal erred in taking disability at 50% without proper basis - Held that the disability certificate issued by the Medical Board showing 75% disability should be accepted (Paras 8-9). B) Motor Accident Claims - Loss of Earning Capacity - Multiplier Method - The appellant was a cloth merchant earning Rs.9000/- per month - The Tribunal applied multiplier of 15 instead of 18 as per Sarla Verma v. DTC - Held that multiplier of 18 is applicable for age group of 25-30 years (Para 10). C) Motor Accident Claims - Non-Pecuniary Heads - Pain and Suffering, Loss of Amenities - The Tribunal awarded Rs.25,000/- for pain and suffering and Rs.25,000/- for loss of amenities - Held that these amounts are inadequate and enhanced to Rs.1,00,000/- each (Paras 11-12). D) Motor Accident Claims - Medical Expenses - The Tribunal awarded Rs.1,00,000/- towards medical expenses - Held that the same is just and proper and no interference is called for (Para 13).
Issue of Consideration
Whether the compensation awarded by the Motor Accident Claims Tribunal was just and proper, and whether the appellant is entitled to enhancement.
Final Decision
The appeal is allowed. The judgment and award dated 18/04/2007 passed by the Motor Accident Claims Tribunal, Nagpur in Claim Petition No.630/2003 is modified. The appellant is entitled to enhanced compensation of Rs.16,21,000/- with interest at 7.5% per annum from the date of petition till realization. The respondent No.2 is directed to deposit the enhanced amount within six weeks.
Law Points
- Motor Accident Claims
- Compensation for Permanent Disability
- Multiplier Method
- Loss of Earning Capacity
- Non-Pecuniary Damages
- Medical Expenses
