Case Note & Summary
The appellant, Kishorbhai Chimanbhai Solanki, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 26.12.2012 passed by the Motor Accident Claims Tribunal (Auxiliary), Vadodara in MACP No.333/2002. The Tribunal had partly allowed the claim petition and awarded Rs.8,68,000/- with 9% interest per annum from the date of filing till realization. The accident occurred on 06.05.2001 when the appellant, aged 22 years, was driving his Maruti Van from Chhotaudepur to Dabhoi. A tempo bearing registration No.GJ-6-W-5677, driven rashly and negligently by respondent no.1, came from the opposite side and collided with the van, causing grievous injuries resulting in amputation of the appellant's right hand below the elbow. The appellant claimed he was a leather businessman earning Rs.5,000-6,000 per month. The insurance company (respondent no.3) filed a written statement denying the claim. The Tribunal framed issues regarding negligence and compensation. The appellant sought enhancement of compensation, arguing that the Tribunal erred in not considering future prospects, applied a lower multiplier, and awarded inadequate amounts for pain and suffering, loss of amenities, and medical expenses. The High Court analyzed the evidence and held that the Tribunal correctly assessed the notional income at Rs.3,000 per month but failed to add 40% future prospects as per the Supreme Court's decision in National Insurance Co. Ltd. v. Pranay Sethi. Applying a multiplier of 18 (appropriate for age 22), the future loss of income was calculated as Rs.3,000 + 40% = Rs.4,200 x 12 x 18 = Rs.9,07,200. The Court also enhanced compensation for pain and suffering from Rs.25,000 to Rs.1,00,000, and for loss of amenities from Rs.10,000 to Rs.40,000. Medical expenses of Rs.15,000 were upheld. The total compensation was recomputed as Rs.10,62,200, and the insurance company was directed to pay the enhanced amount with 9% interest from the date of petition. The appeal was partly allowed.
Headnote
A) Motor Accident Compensation - Amputation - Future Prospects - Section 166 Motor Vehicles Act, 1988 - Claimant aged 22 years sustained amputation of right hand below elbow in a vehicular accident - Tribunal awarded Rs.8,68,000/- - High Court enhanced compensation by adding 40% future prospects to notional income of Rs.3,000/- per month, applying multiplier of 18, and increasing pain and suffering from Rs.25,000/- to Rs.1,00,000/- - Held that future prospects must be considered for self-employed persons as per Pranay Sethi principles (Paras 5-9). B) Motor Accident Compensation - Pain and Suffering - Amputation - Section 166 Motor Vehicles Act, 1988 - Tribunal awarded Rs.25,000/- for pain and suffering - High Court enhanced to Rs.1,00,000/- considering the grievous nature of amputation and permanent disability - Held that compensation for pain and suffering should be adequate to reflect the severity of injury (Para 8).
Issue of Consideration
Whether the compensation awarded by the Tribunal for amputation of right hand below elbow was just and proper, particularly regarding future loss of income and pain and suffering.
Final Decision
Appeal partly allowed. Compensation enhanced from Rs.8,68,000/- to Rs.10,62,200/-. Insurance company directed to pay enhanced amount with 9% interest per annum from date of petition till realization.
Law Points
- Motor Accident Compensation
- Amputation
- Future Prospects
- Pain and Suffering
- Section 166 Motor Vehicles Act
- 1988
