Case Note & Summary
The appellant, a minor girl, was hit by a Hyundai car driven rashly and negligently by respondent No.1 while she was walking on the kacha portion of the road after offering prayers at Drabudi Temple. She sustained serious injuries leading to amputation of her right leg and permanent disability assessed at 36% by an Orthopaedic Surgeon. The Motor Accident Claims Tribunal (Auxi), Bhuj-Kutch in MACP No.32 of 2014 awarded compensation but the appellant challenged the adequacy. The High Court found that the Tribunal failed to properly appreciate evidence, did not consider minimum wages for income assessment, ignored loss of marriage prospects, and awarded only Rs. 8,000 for pain, shock and suffering. The Court enhanced compensation under various heads including Rs. 1,00,000 for loss of marriage prospects, Rs. 1,00,000 for pain, shock and suffering, and revised the disability assessment to 100% functional disability due to amputation. The appeal was partly allowed, increasing total compensation from Rs. 5,76,000 to Rs. 12,76,000 with interest at 7.5% per annum.
Headnote
A) Motor Accident Compensation - Permanent Disability - Assessment of Income - The Tribunal failed to consider minimum wages and proper disability percentage for a minor victim with amputated leg - Held that compensation must be enhanced considering the severity of disability and future loss of earning capacity (Paras 4-6). B) Motor Accident Compensation - Loss of Marriage Prospects - Minor Victim - The Tribunal erred in not awarding any compensation under this head despite amputation of right leg affecting marriage prospects - Held that a sum of Rs. 1,00,000 is appropriate (Para 6). C) Motor Accident Compensation - Pain, Shock and Suffering - Inadequate Award - The Tribunal awarded only Rs. 8,000 which is meagre given the amputation - Held that Rs. 1,00,000 is justified (Para 6).
Issue of Consideration
Whether the Tribunal erred in assessing compensation for a minor victim who suffered amputation of right leg, particularly regarding loss of marriage prospects, proper disability assessment, and income calculation.
Final Decision
Appeal partly allowed. Compensation enhanced from Rs. 5,76,000 to Rs. 12,76,000 with interest at 7.5% per annum from the date of claim petition till realization.
Law Points
- Compensation for permanent disability
- Loss of marriage prospects
- Assessment of income for minor victim
- Pain shock and suffering
- Motor Vehicles Act 1988 Section 173
