Case Note & Summary
The appellant, Ravindra Dashrath More, a pillion rider on an M-80 vehicle, sustained serious injuries in a motor vehicle accident on 29 December 1998 when a motor lorry driven rashly and negligently dashed into the vehicle. He filed a claim petition before the Motor Accidents Claims Tribunal (MACT), Thane. The Tribunal, by judgment and award dated 27 July 2007, computed the total compensation under ten heads at Rs.5,06,800/-. However, it apportioned liability between the owners and insurers of the two vehicles and awarded only Rs.2,50,000/- to the appellant, reasoning that the appellant had not amended the petition to claim the higher amount, relying on the Bombay High Court decision in Municipal Corporation of Greater Bombay vs. Kisan Gangaram Hire, 1987 ACJ 311. Aggrieved, the appellant filed the present appeal. The High Court held that the Tribunal erred in restricting the compensation. It observed that the power to award just compensation under Section 168 of the Motor Vehicles Act, 1988 is not circumscribed by the amount claimed in the petition. The court distinguished the cited precedent, noting that it dealt with a different situation. Consequently, the High Court allowed the appeal, set aside the Tribunal's award to the extent it restricted compensation, and directed that the appellant is entitled to the full computed amount of Rs.5,06,800/- with interest at 7.5% per annum from the date of the claim petition until realization. The liability was to be shared as per the Tribunal's apportionment.
Headnote
A) Motor Accident Claims - Compensation - Just Compensation - Section 166 Motor Vehicles Act, 1988 - The Tribunal computed compensation at Rs.5,06,800/- but awarded only Rs.2,50,000/- on the ground that the claimant had not amended the petition to claim higher amount - The High Court held that the Tribunal erred in restricting the award, as the power to award just compensation under Section 168 of the Motor Vehicles Act, 1988 is not limited by the amount claimed, and the claimant is entitled to the computed amount irrespective of the pleadings - The judgment in Municipal Corporation of Greater Bombay vs. Kisan Gangaram Hire was distinguished as it pertained to a different context - Held that the appeal is allowed and the compensation is enhanced to Rs.5,06,800/- with interest (Paras 5-7).
Issue of Consideration
Whether the Motor Accident Claims Tribunal can restrict compensation to the amount claimed in the petition without amendment, even when the computed compensation is higher, and whether the Tribunal's reliance on Municipal Corporation of Greater Bombay vs. Kisan Gangaram Hire, 1987 ACJ 311 (Bom.) was correct.
Final Decision
The appeal is allowed. The impugned judgment and award dated 27 July 2007 is set aside to the extent it restricts the compensation to Rs.2,50,000/-. The appellant is entitled to the full compensation of Rs.5,06,800/- with interest at 7.5% per annum from the date of the claim petition until realization. The liability shall be apportioned as per the Tribunal's findings.
Law Points
- Motor Accident Claims
- Compensation Enhancement
- Amendment of Pleadings
- Just Compensation
- Section 166 Motor Vehicles Act
- 1988
