Case Note & Summary
The appellant, Samdani Sattar Shaikh, was traveling in a luxury bus on National Highway No. 9 on 21.06.2004 when a truck driven rashly and negligently from the opposite direction collided with the bus. The appellant sustained serious injuries, including amputation of his right leg. A crime was registered against the truck driver. The appellant filed a claim petition before the Motor Accident Claims Tribunal, Osmanabad, which awarded compensation of Rs. 2,50,000/-. Aggrieved by the inadequacy, the appellant appealed for enhancement. The appellant contended that he was the Karta of his family with no other male earning member, and due to the amputation, he suffered 100% functional disability, unable to walk or work. The High Court, after considering the evidence including discharge card and medical papers, held that the Tribunal had not adequately compensated the appellant. The Court assessed the compensation under various heads: medical expenses Rs. 50,000/-, pain and suffering Rs. 1,00,000/-, loss of earning capacity (taking notional income of Rs. 3,000 per month, multiplier 18, 100% disability) Rs. 5,40,000/-, loss of amenities Rs. 50,000/-, and future medical expenses Rs. 10,000/-, totaling Rs. 7,50,000/-. The Court directed the insurance company to pay the enhanced amount with interest at 7.5% per annum from the date of petition till realization.
Headnote
A) Motor Accident Claims - Compensation Enhancement - Amputation of Leg - The appellant sustained grievous injuries including amputation of right leg in a truck-bus collision - The Tribunal awarded Rs. 2,50,000/- which was challenged as inadequate - The High Court enhanced compensation to Rs. 7,50,000/- considering 100% functional disability, loss of earning capacity, medical expenses, pain and suffering, and future prospects - Held that the claimant is entitled to enhanced compensation for permanent disability and loss of amenities (Paras 1-10).
Issue of Consideration
Whether the compensation awarded by the Tribunal was inadequate and requires enhancement for amputation of leg and 100% functional disability.
Final Decision
The appeal is partly allowed. The judgment and award dated 11.09.2007 is modified. The appellant is entitled to total compensation of Rs. 7,50,000/- with interest at 7.5% per annum from the date of petition till realization. The insurance company is directed to pay the enhanced amount within eight weeks.
Law Points
- Motor Accident Claims
- Compensation Enhancement
- Functional Disability
- Loss of Earning Capacity
- Medical Expenses
- Pain and Suffering
