Case Note & Summary
The appellant, Gajaraben Rameshbhai Padhiyar (Parmar), filed a first appeal before the Gujarat High Court against the judgment and award dated 23.01.2014 passed by the Motor Accident Claims Tribunal (Aux.) & 3rd Additional District Judge, Anand in M.A.C.P. No. 313 of 2010. The Tribunal had partly allowed the claim petition and awarded a sum of Rs.1,39,485/- along with interest at 9% per annum from the date of filing of the claim petition till its realization as compensation for injuries sustained in a vehicular accident. The accident occurred on 05.07.2010 when the appellant was travelling as a passenger in a rickshaw bearing registration No. GJ-23-U-4588, which was being driven by respondent No.1 at an excessive speed and in a rash and negligent manner. A three-wheel tempo bearing registration No. GJ-23-T-8118 came from the opposite side and dashed with the rickshaw. As a result, the appellant sustained grievous injuries and her right leg was amputated above the knee. The appellant sought enhancement of compensation, contending that the Tribunal erred in not awarding compensation for future loss of income, and that the amounts awarded for pain and suffering, transportation, special diet, and attendant charges were inadequate. The respondents opposed the appeal, arguing that the compensation was just and proper. The High Court analyzed the evidence and held that the appellant, being a housewife aged 35 years, was entitled to future loss of income based on notional income of Rs.3,000 per month and multiplier of 16, awarding Rs.2,88,000 under that head. The Court enhanced compensation for pain and suffering from Rs.20,000 to Rs.1,00,000, and upheld the amounts for medical expenses (Rs.1,19,485), transportation (Rs.10,000), special diet (Rs.5,000), and attendant charges (Rs.5,000). The total compensation was recomputed as Rs.5,27,485, with interest at 9% per annum from the date of filing of the claim petition. The appeal was partly allowed, and the impugned award was modified accordingly.
Headnote
A) Motor Accident Claims - Compensation for Amputation - Future Loss of Income - The claimant, a 35-year-old housewife, suffered amputation of her right leg above knee in a vehicular accident. The High Court held that even a housewife is entitled to future loss of income based on notional income and multiplier method, as her capacity to perform household work is diminished. The Court assessed notional income at Rs.3,000 per month, applied multiplier of 16, and awarded Rs.2,88,000 for future loss of income, setting aside the Tribunal's denial of this head. (Paras 5-8) B) Motor Accident Claims - Compensation for Pain and Suffering - The Tribunal awarded Rs.20,000 for pain and suffering, which the High Court found inadequate given the amputation of a limb. The Court enhanced it to Rs.1,00,000, considering the permanent disability and trauma. (Para 9) C) Motor Accident Claims - Compensation for Medical Expenses and Other Heads - The Tribunal awarded Rs.1,19,485 towards medical expenses, Rs.10,000 for transportation, Rs.5,000 for special diet, and Rs.5,000 for attendant charges. The High Court upheld these amounts as reasonable. (Para 10) D) Motor Accident Claims - Interest Rate - The Tribunal awarded interest at 9% per annum from the date of filing of the claim petition till realization. The High Court maintained this rate. (Para 11)
Issue of Consideration
Whether the compensation awarded by the Motor Accident Claims Tribunal for amputation of leg is just and proper, and whether the Tribunal erred in not awarding compensation under the head of future loss of income and in awarding inadequate amounts for pain and suffering and other heads.
Final Decision
The appeal is partly allowed. The impugned judgment and award dated 23.01.2014 is modified. The appellant is entitled to total compensation of Rs.5,27,485/- with interest at 9% per annum from the date of filing of the claim petition till realization. The respondents are jointly and severally liable to pay the enhanced amount.
Law Points
- Motor Accident Claims
- Compensation for Amputation
- Future Loss of Income
- Pain and Suffering
- Notional Income
- Multiplier Method
