Case Note & Summary
The appellant, Mukeshbhai alias Tulshibhai Lakhmanbhai Parmar, filed a first appeal under the Motor Vehicles Act against the judgment and award dated 29.06.2019 passed by the Motor Accident Claims Tribunal, Rajkot in MACP No.1219 of 2013. The claimant was a cleaner on duty in Motor Vehicle No. GJ-3Z-7201 on 25.03.2013. While the vehicle was proceeding from Darshan Hotel towards Sayla, opponent No.1, the driver, allegedly drove at excessive speed in a rash and negligent manner and dashed against a stationary dumper (truck), causing the accident. The claimant sustained grievous injuries. The claimant contended that the drivers of the vehicles involved drove rashly and negligently. The appellant's counsel argued that the Tribunal failed to properly appreciate documents and assess the victim's income, and failed to award amounts under conventional heads for pain, shock, and suffering. The respondent's counsel supported the Tribunal's award. The High Court, after hearing both sides, found that the Tribunal had not correctly assessed the income and had not awarded conventional heads. The Court enhanced the compensation by Rs. 50,000 under the head of pain, shock, and suffering, and directed the insurance company to deposit the enhanced amount with interest at 7.5% per annum from the date of claim petition till realization. The appeal was partly allowed.
Headnote
A) Motor Accident Claims - Compensation Assessment - Income Proof - The Tribunal failed to properly appreciate documents on record and did not correctly assess the income of the victim who suffered severe bodily disability - Held that just and proper compensation requires correct income assessment (Paras 4-5). B) Motor Accident Claims - Conventional Heads - Pain and Suffering - The Tribunal failed to award amounts under conventional heads despite the claimant suffering considerable hardship - Held that compensation under pain, shock, and suffering is required to be awarded (Para 4).
Issue of Consideration
Whether the Tribunal correctly assessed the income of the claimant and awarded compensation under conventional heads for pain, shock, and suffering?
Final Decision
The appeal is partly allowed. The impugned judgment and award is modified. The appellant is entitled to an additional compensation of Rs. 50,000 under the head of pain, shock, and suffering. The insurance company is directed to deposit the enhanced amount with interest at 7.5% per annum from the date of claim petition till realization within eight weeks.
Law Points
- Motor Accident Claims
- Compensation Assessment
- Income Proof
- Conventional Heads
- Pain and Suffering
- Disability Assessment
