Case Note & Summary
The case involves an appeal by the insurance company against an award of the Motor Accident Claims Tribunal, Mumbai, granting compensation to the claimant who suffered traumatic amputation of his right forearm in a road accident. The accident occurred on 18th October 2006 when the claimant was riding a motorcycle and was hit from behind by a dumper driven rashly and negligently. The claimant sustained multiple injuries including a fracture of the ulna and traumatic amputation of the right forearm. He filed a claim under Section 166 of the Motor Vehicles Act, 1988 seeking compensation of Rs.7 lakhs. The Tribunal, after evaluating evidence, held that the accident was due to the negligence of the dumper driver and assessed the claimant's disability at 70%. The Tribunal awarded total compensation of Rs.5,02,600 comprising treatment expenses (Rs.1,20,000), conveyance (Rs.3,000), special diet (Rs.2,000), loss of income (Rs.36,000), pain and suffering (Rs.1,00,000), disability (Rs.2,01,600), and loss of amenities of life (Rs.40,000). The insurance company appealed contending that the compensation was excessive. The High Court, after hearing the parties, dismissed the appeal, holding that the compensation awarded was just and proper and did not warrant interference. The court noted that the Tribunal had correctly assessed the disability and the compensation was fair in light of the grievous injury suffered.
Headnote
A) Motor Accident Compensation - Assessment of Disability - Traumatic Amputation - Section 166 Motor Vehicles Act, 1988 - The claimant sustained traumatic amputation of right forearm in a road accident caused by rash and negligent driving of a dumper. The Tribunal assessed 70% disability and awarded compensation including Rs.2,01,600 for disability. The High Court upheld the award, holding that the compensation was just and proper and not excessive. (Paras 1-6)
Issue of Consideration
Whether the compensation awarded by the Motor Accident Claims Tribunal for traumatic amputation of right forearm is just and proper.
Final Decision
Appeal dismissed. The award of the Motor Accident Claims Tribunal dated 2nd May 2012 in Application No. A.25/2007 is upheld.
Law Points
- Motor accident compensation
- assessment of disability
- traumatic amputation
- just compensation
- Section 166 Motor Vehicles Act
