Case Note & Summary
The appellant, Rajkumar, filed an appeal under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement of compensation awarded by the Fast Track-II and Additional MACT, Bidar camp at Bhalki, in MVC No.488/2010. The accident occurred on 11.05.2010 when the appellant was traveling in a Maxicab from Bidar to Udgir. At about 8.15 p.m., the Maxicab was stopped on the left side of the road when a tipper bearing registration No.MH-13/R-2710, driven rashly and negligently, dashed into the Maxicab, causing grievous injuries to the appellant. The Tribunal awarded total compensation of Rs.3,24,500/- with interest at 6% per annum, fastening liability on the Insurance Company. The appellant challenged the adequacy of compensation, particularly under the head of loss of future earning capacity. The High Court found that the Tribunal had erred in assessing the loss of future earning capacity by taking the whole body disability at 15% without proper justification. Considering the medical evidence and the nature of injuries, the Court enhanced the compensation to Rs.15,25,000/- with interest at 12% per annum from the date of petition till payment. The appeal was allowed, and the award was modified accordingly.
Headnote
A) Motor Accident Compensation - Loss of Future Earning Capacity - Assessment of Disability - The Tribunal erred in assessing the loss of future earning capacity by taking the whole body disability at 15% instead of the correct percentage as per medical evidence - The Court enhanced compensation considering the nature of injuries and their impact on the claimant's earning capacity - Held that the compensation awarded was inadequate and required enhancement (Paras 4-6).
Issue of Consideration
Whether the Tribunal erred in assessing compensation under the head of loss of future earning capacity and whether the claimant is entitled to enhanced compensation.
Final Decision
The appeal is allowed. The judgment and award dated 19.01.2012 in MVC No.488/2010 is modified. The compensation is enhanced from Rs.3,24,500/- to Rs.15,25,000/- with interest at 12% per annum from the date of petition till payment.
Law Points
- Motor Vehicles Act
- 1988
- Section 173(1)
- Compensation for loss of future earning capacity
- Assessment of disability
- Multiplier method
