Case Note & Summary
The appellant, B. R. Vijibovi, a 21-year-old agriculturist and fish seller, sustained grievous injuries in a motor vehicle accident on 21.06.2011 when a lorry driven rashly and negligently dashed against his autorickshaw. His left leg below the knee was amputated. He filed a claim petition before the Motor Accidents Claims Tribunal, Hassan, which awarded Rs. 5,00,000 as compensation. Dissatisfied, he appealed for enhancement. The High Court considered the nature of injuries, amputation, loss of earning capacity, medical expenses, and pain and suffering. The court noted that the claimant was aged 21 and his earning capacity was completely lost due to amputation. Applying the multiplier method and considering notional income, the court enhanced the compensation to Rs. 7,00,000, including Rs. 3,00,000 for loss of earning capacity, Rs. 1,00,000 for pain and suffering, Rs. 1,00,000 for medical expenses, Rs. 1,00,000 for future medical expenses, and Rs. 1,00,000 for other heads. The appeal was partly allowed.
Headnote
A) Motor Accident Compensation - Amputation - Loss of Earning Capacity - Motor Vehicles Act, 1988, Section 166 - Claimant sustained grievous injuries resulting in amputation of left leg below knee - Tribunal awarded Rs. 5,00,000 - High Court enhanced compensation to Rs. 7,00,000 considering 100% loss of earning capacity due to amputation, pain and suffering, medical expenses, and future medical expenses - Held that compensation must be just and reasonable (Paras 1-10).
Issue of Consideration
Whether the compensation awarded by the Tribunal is just and proper and whether the claimant is entitled to enhancement.
Final Decision
Appeal partly allowed; compensation enhanced from Rs. 5,00,000 to Rs. 7,00,000 with interest at 6% per annum from the date of petition till deposit.
Law Points
- Compensation for amputation
- loss of earning capacity
- pain and suffering
- medical expenses
- future medical expenses
- notional income assessment
Case Details
2019 LawText (KAR) (06) 64
MFA No. 2485 of 2013 (MV)
Sri Girish B. Baladare for Appellant; Smt Manjula N Tejaswi for Respondent-1
The Manager, National Insurance Co., Ltd., and Srinivas
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Nature of Litigation
Appeal against judgment and award of MACT seeking enhancement of compensation for injuries sustained in motor vehicle accident.
Remedy Sought
Enhancement of compensation awarded by the Tribunal.
Filing Reason
Claimant dissatisfied with compensation of Rs. 5,00,000 awarded by Tribunal for amputation of left leg below knee.
Previous Decisions
MACT, Hassan, partly allowed claim petition in MVC No. 2075/2011 on 17.10.2012 awarding Rs. 5,00,000.
Issues
Whether the compensation awarded by the Tribunal is just and proper?
Whether the claimant is entitled to enhancement of compensation?
Submissions/Arguments
Claimant argued that the compensation awarded is inadequate considering the nature of injuries, amputation, loss of earning capacity, and medical expenses.
Insurance company opposed enhancement, submitting that the award is just and proper.
Ratio Decidendi
In cases of amputation, compensation must be just and reasonable, considering 100% loss of earning capacity, pain and suffering, medical expenses, and future medical expenses. The multiplier method based on notional income is appropriate.
Judgment Excerpts
This appeal is preferred by the claimant – injured against the judgment and award dated 17.10.2012 passed by the Tribunal in MVC No.2075/2011 seeking for enhancement of compensation.
As a result, the appellant sustained grievous injuries including fracture and his left leg below the knee was amputated.
Procedural History
Claim petition filed before MACT, Hassan (MVC No. 2075/2011) on 21.06.2011; Tribunal awarded Rs. 5,00,000 on 17.10.2012; claimant filed MFA No. 2485/2013 before High Court on 19.06.2019.
Acts & Sections
- Motor Vehicles Act, 1988: Section 173(1)
