Case Note & Summary
The appellant, Sanjay s/o Pandit Kharat, a 31-year-old mason, filed a claim under the Motor Vehicles Act, 1988, for injuries sustained in a motor accident on 1.2.2011. He was riding a motorcycle when a car (MH-17/AE-693) hit him, causing severe injuries including amputation of his right leg above the knee, amputation of fingers of the right palm, and malunited fractures of the radius and left collarbone. He was treated at Pravara Medical Trust Hospital, Loni, and suffered 85% permanent disability as certified by Dr. Ashish Somani (CW 2). The Motor Accident Claims Tribunal, Shrirampur, in MACP No.114 of 2011, awarded compensation of Rs. 3,50,000/-. Dissatisfied, the claimant appealed under Section 173 of the Motor Vehicles Act. The High Court noted that the Tribunal's award was meager given the severity of injuries and permanent disability. The court considered the claimant's age (31 years), occupation as a mason with daily wages of Rs. 300/-, and the 85% permanent disability. The court held that the compensation should be just and fair, and enhanced the award to Rs. 10,00,000/- with interest at 7.5% per annum from the date of claim petition till realization. The respondents were directed to pay the enhanced amount within eight weeks.
Headnote
A) Motor Accident Claims - Compensation for Permanent Disability - Assessment of Loss of Earning Capacity - The claimant suffered 85% permanent disability due to amputation of right leg and fingers, and malunited fractures. The Tribunal's award of Rs. 3,50,000/- was held inadequate. The High Court enhanced compensation to Rs. 10,00,000/- considering the nature of injuries, loss of earning capacity, and need for future medical expenses. (Paras 1-10)
Issue of Consideration
Whether the compensation awarded by the Motor Accident Claims Tribunal for 85% permanent disability is adequate and just.
Final Decision
The appeal is allowed. The impugned judgment and award is modified. The claimant is entitled to total compensation of Rs. 10,00,000/- with interest at 7.5% per annum from the date of claim petition till realization. The respondents are directed to pay the enhanced amount within eight weeks.
Law Points
- Compensation for permanent disability
- assessment of loss of earning capacity
- multiplier method
- just and fair compensation
