Case Note & Summary
The present appeal was filed by the original claimant, Krushna Shivaji Patil, under Section 166 of the Motor Vehicles Act, 1988, seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, Dhule, in M.A.C.P. No. 592 of 2010. The claimant, aged 60 years, sustained injuries in a motor vehicle accident. The Tribunal had awarded compensation applying a multiplier of 15. The appellant contended that the multiplier should be 18 as per the age of the claimant, relying on the principle laid down in Sarla Verma v. Delhi Transport Corporation. The respondents, including the owner of the vehicle and the insurance company, opposed the appeal. The High Court, after hearing the parties, held that the multiplier of 15 was incorrect and should be 18. Consequently, the court enhanced the compensation amount. The judgment was delivered by Smt. Vibha Kankanwadi, J., on 11th September 2019.
Headnote
A) Motor Accident Claims - Compensation Enhancement - Multiplier - Section 166 Motor Vehicles Act, 1988 - The appellant, original claimant, sought enhancement of compensation for injuries sustained in a motor accident. The Tribunal had applied a multiplier of 15, but the High Court held that considering the age of the claimant (60 years), the appropriate multiplier as per the Sarla Verma case should be 18. The court enhanced the compensation accordingly. (Paras 1-5)
Issue of Consideration
Whether the compensation awarded by the Motor Accident Claims Tribunal was just and proper, and whether the multiplier applied was correct.
Final Decision
The appeal is allowed. The compensation awarded by the Tribunal is enhanced by applying a multiplier of 18 instead of 15. The enhanced amount shall be paid by the respondents with interest as per the Tribunal's order.
Law Points
- Compensation enhancement
- Multiplier correction
- Motor Vehicles Act
- 1988
- Section 166
- First Appeal
- Personal injury
Case Details
2019 LawText (BOM) (09) 2
First Appeal No. 1238 of 2019
Mr. Mrigesh D. Narwadkar for appellant, Mr. Prakashsing B. Patil for respondent no.01, Mr. Dhananjay P. Deshpande for respondent no.02
Parmanand Rajendra Patil, The Manager, The Oriental Insurance Company Ltd.
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Nature of Litigation
First appeal for enhancement of compensation in a motor accident claim.
Remedy Sought
Enhancement of compensation awarded by the Motor Accident Claims Tribunal.
Filing Reason
The appellant was dissatisfied with the compensation amount awarded by the Tribunal, particularly the multiplier applied.
Previous Decisions
The Motor Accident Claims Tribunal, Dhule, decided M.A.C.P. No. 592 of 2010, awarding compensation with a multiplier of 15.
Issues
Whether the multiplier of 15 applied by the Tribunal was correct given the age of the claimant.
Submissions/Arguments
The appellant argued that the multiplier should be 18 as per the age of the claimant (60 years) based on the Sarla Verma case.
The respondents opposed the appeal, supporting the Tribunal's award.
Ratio Decidendi
The multiplier for computing compensation in motor accident claims should be based on the age of the claimant as per the guidelines in Sarla Verma v. Delhi Transport Corporation. For a claimant aged 60 years, the appropriate multiplier is 18.
Judgment Excerpts
Present appeal has been filed by the original claimant for enhancement in the compensation.
Present appellant original claimant filed petition under Section 166 of the Motor Vehicles Act, 1988, vide M.A.C.P. No. 592 of 2010 before learned Member of the Motor Accident Claims Tribunal, Dhule, which was decided by the learned Tribunal.
Procedural History
The appellant filed M.A.C.P. No. 592 of 2010 under Section 166 of the Motor Vehicles Act, 1988, before the Motor Accident Claims Tribunal, Dhule. The Tribunal awarded compensation with a multiplier of 15. Aggrieved, the appellant filed the present first appeal for enhancement.
Acts & Sections
- Motor Vehicles Act, 1988: 166
