Case Note & Summary
The appellant, Ram Savraj Shakhtra, filed a claim petition under the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a motor accident on 19.08.2013. While travelling on a motorcycle with his brother, the appellant was hit by a rashly driven auto-rickshaw van, resulting in serious injuries leading to permanent partial disablement. The Motor Accident Claims Tribunal partly allowed the claim, awarding Rs.1,54,000/- for future loss of income, Rs.20,000/- for pain, shock and suffering, and Rs.10,000/- for attendant charges. Aggrieved by the inadequacy of compensation, the appellant preferred an appeal under Section 173 of the Act. The High Court heard arguments from both sides. The appellant contended that the Tribunal applied an incorrect multiplier of 14 instead of 18 as per Sarla Verma v. DTC, and failed to assess functional disability correctly. The insurance company supported the Tribunal's award. The High Court analyzed the evidence and held that the multiplier should be 18 based on the appellant's age (38 years) and functional disability should be assessed at 15% considering the nature of injuries. The court recalculated future loss of income as Rs.3,000/- (notional income) x 12 x 18 x 15% = Rs.97,200/-. Additionally, the court enhanced compensation for pain, shock and suffering to Rs.50,000/- and attendant charges to Rs.25,000/-. The total compensation was increased from Rs.2,04,000/- to Rs.2,92,200/-. The appeal was partly allowed, with the insurance company directed to pay the enhanced amount with interest at 7.5% per annum from the date of petition.
Headnote
A) Motor Accident Compensation - Permanent Partial Disablement - Future Loss of Income - Motor Vehicles Act, 1988, Section 173 - The appellant sustained injuries resulting in permanent partial disablement. The Tribunal awarded Rs.1,54,000/- towards future loss of income using a multiplier of 14 and disability of 10%. The High Court held that the multiplier should be 18 as per Sarla Verma v. DTC, and functional disability should be assessed at 15% considering the nature of injuries. Compensation recalculated accordingly. (Paras 4-6) B) Motor Accident Compensation - Pain, Shock and Suffering - Attendant Charges - Motor Vehicles Act, 1988, Section 173 - The Tribunal awarded Rs.20,000/- for pain, shock and suffering and Rs.10,000/- for attendant charges. The High Court enhanced these amounts to Rs.50,000/- and Rs.25,000/- respectively, considering the gravity of injuries and need for care. (Para 6)
Issue of Consideration
Whether the Tribunal erred in calculating compensation for future loss of income by applying an incorrect multiplier and failing to assess functional disability properly?
Final Decision
Appeal partly allowed. Compensation enhanced from Rs.2,04,000/- to Rs.2,92,200/-. Insurance company to pay enhanced amount with interest at 7.5% per annum from date of petition.
Law Points
- Motor Vehicles Act
- 1988
- Section 173
- Compensation for permanent partial disablement
- Future loss of income
- Multiplier
- Functional disability
- Notional income
