Case Note & Summary
The appellant, Bano @ Banubi Rashid Shaikh, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a motor vehicle accident on 27-02-2011. She was a passenger in an Ape rickshaw that was hit by a truck. She suffered fractures to her right and left clavicle and proximal tibia and fibula of the left leg, resulting in permanent disability. The Motor Accident Claims Tribunal, Ahmednagar, awarded Rs. 1,50,000 as compensation. Dissatisfied, she appealed for enhancement. The High Court considered her age (40 years), notional income (Rs. 4,000 per month), and 30% permanent disability. Applying a multiplier of 16, it calculated loss of earning capacity as Rs. 2,30,400. It also awarded Rs. 50,000 for pain and suffering, Rs. 25,000 for conveyance and nourishment, Rs. 1,00,000 for future medical expenses, and Rs. 94,600 for medical bills already incurred. The total compensation was enhanced to Rs. 5,00,000 with interest at 7.5% per annum from the date of petition. The appeal was partly allowed.
Headnote
A) Motor Accident Claims - Compensation for Permanent Disability - Sections 166, 168 Motor Vehicles Act, 1988 - Claimant suffered fractures to clavicle and tibia/fibula resulting in permanent disability - Tribunal awarded Rs. 1,50,000 - High Court enhanced compensation to Rs. 5,00,000 considering notional income, multiplier, and future medical expenses - Held that compensation must be just and fair, covering all heads including pain and suffering, loss of amenities, and future treatment (Paras 1-15).
Issue of Consideration
Whether the compensation awarded by the Motor Accident Claims Tribunal was just and proper, and whether the claimant is entitled to enhancement.
Final Decision
Appeal partly allowed. Compensation enhanced from Rs. 1,50,000 to Rs. 5,00,000 with interest at 7.5% per annum from the date of petition till realization. Respondent No.2 (insurer of truck) directed to pay the enhanced amount.
Law Points
- Permanent disability
- Loss of earning capacity
- Notional income
- Multiplier method
- Medical expenses
- Pain and suffering
- Conveyance and nourishment
- Future medical expenses
