Case Note & Summary
The appellant, M.G. Annapoorna, a minor represented by her parents, filed an appeal under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement of compensation awarded by the Motor Accidents Claims Tribunal (MACT), Bangalore, in MVC No. 5311/2011. The claim arose from an accident on 20.07.2011 at about 8.50 a.m., when the claimant, after alighting from a BMTC bus bearing registration No. KA-01/F-4483 opposite Komarla group on Krishna Rao Road, was knocked down by the same bus due to the rash and negligent driving of its driver. The claimant sustained grievous injuries, including amputation of her left leg below the knee, resulting in permanent disability. The Tribunal awarded a total compensation of Rs. 2,50,000/- with interest at 6% per annum. The appellant contended that the compensation was inadequate and sought enhancement. The respondents, including the BMTC and the insurer, opposed the appeal. The High Court, after considering the evidence and submissions, held that the compensation was on the lower side. The court assessed the notional income of the minor at Rs. 30,000/- per annum, added 50% towards future prospects, applied a multiplier of 18, and calculated loss of future earning capacity at Rs. 2,70,000/- based on 50% disability. The court also enhanced compensation for medical expenses to Rs. 50,000/-, pain and suffering to Rs. 50,000/-, conveyance and nourishment to Rs. 25,000/-, and awarded Rs. 5,000/- for loss of amenities. The total compensation was enhanced to Rs. 5,50,000/- with interest at 6% per annum from the date of petition till realization. The appeal was allowed in part.
Headnote
A) Motor Vehicles Act - Compensation for Permanent Disability - Minor Claimant - The court considered the adequacy of compensation awarded to a minor who suffered permanent disability due to amputation of leg below knee in a bus accident. The Tribunal had awarded Rs. 2,50,000/- which was enhanced by the High Court to Rs. 5,50,000/- considering notional income, future prospects, and increased medical expenses. Held that the compensation should be just and reasonable, not a bonanza. (Paras 1-10) B) Motor Vehicles Act - Notional Income for Minor - The court applied a notional income of Rs. 30,000/- per annum for a minor claimant, following precedents, and added 50% towards future prospects. The multiplier of 18 was applied based on the age of the minor. Held that the loss of future earning capacity due to permanent disability must be compensated. (Paras 6-8) C) Motor Vehicles Act - Medical Expenses and Pain and Suffering - The court enhanced compensation for medical expenses from Rs. 25,000/- to Rs. 50,000/-, for pain and suffering from Rs. 30,000/- to Rs. 50,000/-, and for conveyance and nourishment from Rs. 10,000/- to Rs. 25,000/-. Held that these heads require adequate compensation to alleviate the suffering of the claimant. (Paras 9-10)
Issue of Consideration
Whether the compensation awarded by the MACT for injuries sustained by a minor in a road accident is just and proper, and whether the appellant is entitled to enhancement of compensation.
Final Decision
Appeal allowed in part. Compensation enhanced from Rs. 2,50,000/- to Rs. 5,50,000/- with interest at 6% per annum from the date of petition till realization. The enhanced amount to be deposited by the respondents within four weeks.
Law Points
- Motor Vehicles Act
- 1988
- Section 173(1)
- Compensation for permanent disability
- Notional income for minor
- Future prospects
- Pain and suffering
- Medical expenses
- Conveyance and nourishment
