Case Note & Summary
The appellant, Pravinbhai Amrabhai Meghwal, a student, was returning from school on his bicycle on 20.01.2020 when a dumper bearing registration No. GJ-02-VV-3855, driven rashly and negligently, dashed against him, causing grievous injuries resulting in amputation of his leg below the knee. He filed a Motor Accident Claim Petition No.59 of 2021 before the Motor Accident Claims Tribunal (Main), B. K. District, Palanpur, seeking compensation. The Tribunal partly allowed the claim and awarded a lump-sum compensation of Rs.3,00,000/-. Aggrieved by the inadequacy of the award, the appellant preferred the present appeal under Section 173 of the Motor Vehicles Act, 1988. The appellant's counsel argued that the Tribunal erred in awarding a lump sum without considering separate heads such as artificial limb, pain shock and suffering, loss of amenities, and loss of marriage prospects, and that the amount awarded was meagre. The respondent Insurance Company opposed the appeal, contending that the compensation was adequate. The High Court, after hearing the parties and perusing the record, found merit in the appellant's submissions. The Court held that in cases of amputation, compensation must be awarded under distinct heads to ensure just and fair compensation. The Court set aside the Tribunal's lump-sum award and remanded the matter back to the Tribunal for fresh assessment of compensation under appropriate heads, including artificial limb, pain shock and suffering, loss of amenities, and loss of marriage prospects. The appeal was allowed, and the Tribunal was directed to decide the matter afresh within a stipulated period.
Headnote
A) Motor Accident Claims - Compensation for Amputation - Separate Heads - Motor Vehicles Act, 1988, Section 173 - The Tribunal awarded a lump sum of Rs.3,00,000/- for amputation of leg below knee, failing to award amounts under separate heads like artificial limb, pain shock and suffering, loss of amenities, and loss of marriage prospects - Held that compensation for amputation must be assessed under distinct heads to ensure just and fair compensation (Paras 1-5).
Issue of Consideration
Whether the Motor Accident Claims Tribunal erred in awarding a lump-sum compensation of Rs.3,00,000/- for amputation injuries without considering separate heads such as artificial limb, pain shock and suffering, loss of amenities, and loss of marriage prospects.
Final Decision
The appeal is allowed. The impugned judgment and award dated 24.07.2024 passed by the Motor Accident Claims Tribunal (Main), B. K. District, Palanpur, in MACP No.59 of 2021 is set aside. The matter is remanded back to the Tribunal for fresh consideration and assessment of compensation under appropriate heads, including artificial limb, pain shock and suffering, loss of amenities, and loss of marriage prospects. The Tribunal is directed to decide the matter afresh within a period of three months from the date of receipt of the order.
Law Points
- Compensation for amputation injuries must be awarded under separate heads
- including artificial limb
- pain shock and suffering
- loss of amenities
- and loss of marriage prospects
- not as a lump sum.
