Case Note & Summary
The appellant, Satishbhai Bhogilal Mistry/Patel, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 07.08.2014 passed by the Motor Accident Claims Tribunal (Auxiliary) at Anand in MACP No. 6511/2006. The Tribunal had partly allowed the claim petition and awarded Rs. 83,760/- with 9% interest per annum from the date of filing till realization. The accident occurred on 19.09.2004 when the claimant was traveling in a Qualis Car (GJ.7.AG.113) to attend a religious custom at Sudhamata Temple, Revdhar, Rajasthan. The driver drove the car at excessive speed and in a rash and negligent manner, causing the car to turn turtle. The claimant sustained grievous injuries including fracture of the left leg and was treated at Shreyas Hospital and later at Dr. Dhruvpal Sisodiya's hospital in Anand as an indoor patient. The claimant, a carpenter by profession, claimed to earn Rs. 6,000/- per month. The insurance company (respondent no.3) filed a written statement denying the allegations. The Tribunal assessed the claimant's income at Rs. 3,000/- per month, considered 5% permanent disability to the whole body, applied multiplier 16, and awarded Rs. 28,800/- for loss of future income, Rs. 15,000/- for pain and suffering, Rs. 10,000/- for medical expenses, Rs. 15,000/- for special diet and transportation, and Rs. 14,960/- for actual loss of income for 5 months. Aggrieved by the quantum, the appellant appealed. The High Court, after hearing both sides, found that the Tribunal had not properly assessed the disability. The doctor had certified 15% permanent disability of the left lower limb, which the Tribunal reduced to 5% whole body without justification. The High Court held that the disability should be taken as 15% of the whole body. The notional income was increased to Rs. 4,500/- per month considering the claimant's age (40 years) and occupation. Applying multiplier 16, the loss of future income was calculated as Rs. 1,29,600/- (Rs. 4,500 x 12 x 16 x 15%). The High Court also enhanced pain and suffering to Rs. 20,000/- and medical expenses to Rs. 10,000/- (as per bills), and awarded Rs. 15,000/- for special diet and transportation. The total compensation was enhanced to Rs. 1,74,600/-, but the court restricted it to Rs. 1,50,000/- as per the claimant's prayer. The insurance company was directed to deposit the enhanced amount with 9% interest within eight weeks.
Headnote
A) Motor Accident Claims - Compensation - Permanent Disability - Loss of Future Income - Motor Vehicles Act, 1988, Sections 166, 168 - The claimant, a carpenter aged 40 years, sustained fracture injuries in a road accident resulting in 15% permanent disability of the left lower limb. The Tribunal awarded Rs. 83,760/- which was challenged as inadequate. The High Court enhanced the compensation to Rs. 1,50,000/- by increasing the notional income from Rs. 3,000/- to Rs. 4,500/- per month, applying multiplier of 16, and awarding Rs. 20,000/- for pain and suffering and Rs. 10,000/- for medical expenses. Held that the Tribunal erred in assessing disability at 5% whole body and in not awarding adequate compensation for pain and suffering (Paras 8-10).
Issue of Consideration
Whether the compensation awarded by the Motor Accident Claims Tribunal was just and proper, particularly regarding the assessment of disability, loss of income, and pain and suffering.
Final Decision
The appeal is partly allowed. The impugned judgment and award is modified. The total compensation is enhanced from Rs. 83,760/- to Rs. 1,50,000/-. The insurance company is directed to deposit the enhanced amount with 9% interest within eight weeks.
Law Points
- Compensation for permanent disability
- Loss of future income
- Pain and suffering
- Medical expenses
- Notional income assessment
