Case Note & Summary
The appellant, Somappa Balappa Nandi, filed an appeal under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 12.12.2017 passed by the XII Additional District and Sessions Judge and Member, Additional MACT, Belagavi, sitting at Gokak, in MVC No.2500/2016. The claimant sought enhancement of compensation for injuries sustained in a motor vehicle accident that occurred on 01.06.2016 at about 3 p.m. while he was returning from Gokak to Chikkanandi. The claimant, aged 47 years and working as an agriculturist and coolie, sustained grievous injuries including fracture of the right femur and other injuries, resulting in permanent disability of 15% to the whole body as assessed by the medical board. The Tribunal awarded a total compensation of Rs.2,10,000/- with interest at 6% per annum. The High Court, after hearing the parties, found that the compensation awarded under various heads was inadequate. The court enhanced the compensation for pain and suffering from Rs.30,000/- to Rs.50,000/-, for loss of amenities from Rs.10,000/- to Rs.20,000/-, and for conveyance and nourishment from Rs.5,000/- to Rs.10,000/-. The court also added 25% towards future prospects to the notional income of Rs.8,000/- per month and recalculated the loss of income due to disability, resulting in an additional amount of Rs.43,200/-. The total enhanced compensation was fixed at Rs.3,23,200/- with interest at 6% per annum from the date of petition till realization. The appeal was allowed in part, and the respondent-insurance company was directed to pay the enhanced amount within six weeks.
Headnote
A) Motor Accident Claims - Compensation for Injuries - Assessment of Disability - The claimant sustained grievous injuries in a road accident, resulting in permanent disability of 15% to the whole body as assessed by the medical board. The Tribunal awarded compensation under various heads, but the High Court found the amounts for pain and suffering, loss of amenities, and future prospects to be inadequate. Held that the compensation should be enhanced to adequately compensate the claimant for the injuries and disability suffered. (Paras 1-10) B) Motor Accident Claims - Future Prospects - Loss of Income - The claimant was aged 47 years and worked as an agriculturist and coolie. The Tribunal took the notional income at Rs.8,000/- per month but did not add future prospects. The High Court, following the principles in National Insurance Co. Ltd. v. Pranay Sethi, added 25% towards future prospects. Held that the loss of income due to disability should be calculated with future prospects. (Paras 5-8) C) Motor Accident Claims - Pain and Suffering - Loss of Amenities - The Tribunal awarded Rs.30,000/- for pain and suffering and Rs.10,000/- for loss of amenities. The High Court found these amounts to be on the lower side and enhanced them to Rs.50,000/- and Rs.20,000/- respectively, considering the nature of injuries and the period of hospitalization. Held that the compensation for pain and suffering and loss of amenities should be just and reasonable. (Paras 7-9) D) Motor Accident Claims - Medical Expenses - Conveyance and Nourishment - The Tribunal awarded Rs.50,000/- for medical expenses and Rs.5,000/- for conveyance and nourishment. The High Court found the medical expenses to be supported by bills and maintained the same, but enhanced the conveyance and nourishment to Rs.10,000/- considering the need for follow-up treatment. Held that the claimant is entitled to reasonable expenses for medical treatment and incidental costs. (Paras 6-10)
Issue of Consideration
Whether the compensation awarded by the MACT in MVC No.2500/2016 is just and proper, and whether the claimant is entitled to enhancement of compensation.
Final Decision
The appeal is allowed in part. The compensation is enhanced from Rs.2,10,000/- to Rs.3,23,200/- with interest at 6% per annum from the date of petition till realization. The respondent-insurance company is directed to deposit the enhanced amount within six weeks.
Law Points
- Motor Vehicles Act
- 1988
- Section 173(1)
- Compensation for injuries
- Assessment of disability
- Future prospects
- Pain and suffering
- Loss of amenities
- Medical expenses
- Conveyance and nourishment
