Case Note & Summary
The appellant, Hiralal @ Hirabhai Ukabhai Makawana, was the original claimant in a motor accident claim petition before the Motor Accident Claims Tribunal (Auxi.II), Gandhidham - Kachchh. On 28.05.2021, the claimant was going on his motorcycle (Reg. No. GJ-12-DJ-1121) to collect wreckage. He stopped his motorcycle on the side of the road and was standing beside it when a trailer (Reg. No. GJ-12-AZ-7764) driven by opponent no.1 in a rash and negligent manner dashed into the motorcycle and the claimant from behind, causing serious injuries. An FIR (No. 11993001210/2021) was registered at Samakhiyali Police Station. The claimant filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation of Rs. 10,00,000/-. The Tribunal, by judgment and award dated 07.11.2023, awarded Rs. 3,52,000/- with 9% interest per annum. The claimant appealed under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement. The main legal issues were whether the Tribunal erred in assessing permanent disability at 12% for the whole body instead of 40% as per medical evidence, and whether the compensation under various heads was inadequate. The appellant argued that the disability certificate showed 40% disability to the lower limb and 40% to the whole body, and the Tribunal wrongly assessed it at 12%. The respondent insurance company supported the Tribunal's award. The High Court analyzed the evidence, including the disability certificate and medical opinion, and held that the disability to the whole body should be taken as 40%. Applying the multiplier of 18 (age 40) and 40% future prospects as per Pranay Sethi, the loss of future income was calculated as Rs. 3,000/- (notional income) x 12 x 18 x 40% x 140% = Rs. 3,62,880/-. The Court enhanced compensation for pain and suffering to Rs. 1,00,000/-, loss of amenities to Rs. 50,000/-, attendant charges to Rs. 25,000/-, transportation charges to Rs. 10,000/-, and special diet and conveyance to Rs. 20,000/-, while maintaining medical expenses at Rs. 1,00,000/-. The total compensation was enhanced to Rs. 6,67,880/- with 9% interest per annum from the date of petition till realization. The appeal was partly allowed.
Headnote
A) Motor Accident Claims - Permanent Disability Assessment - Assessment of disability for loss of future income - The Tribunal assessed disability at 12% for the whole body despite medical evidence of 40% disability to the lower limb and 40% to the whole body as per the disability certificate - The High Court held that the disability to the whole body should be taken as 40% as per the disability certificate and medical evidence, and applied multiplier of 18 and future prospects of 40% - (Paras 5-10) B) Motor Accident Claims - Future Prospects - Self-employed person - The claimant was a 40-year-old self-employed person - The High Court applied 40% future prospects as per the law laid down in National Insurance Co. Ltd. vs. Pranay Sethi - (Para 8) C) Motor Accident Claims - Pain and Suffering - The Tribunal awarded Rs. 40,000/- for pain and suffering - The High Court enhanced it to Rs. 1,00,000/- considering the nature of injuries and hospitalization - (Para 11) D) Motor Accident Claims - Medical Expenses - The Tribunal awarded Rs. 1,00,000/- for medical expenses - The High Court maintained the same as per the bills produced - (Para 12) E) Motor Accident Claims - Loss of Amenities - The Tribunal awarded Rs. 20,000/- for loss of amenities - The High Court enhanced it to Rs. 50,000/- - (Para 13) F) Motor Accident Claims - Attendant Charges - The Tribunal awarded Rs. 10,000/- for attendant charges - The High Court enhanced it to Rs. 25,000/- - (Para 14) G) Motor Accident Claims - Transportation Charges - The Tribunal awarded Rs. 5,000/- for transportation charges - The High Court enhanced it to Rs. 10,000/- - (Para 15) H) Motor Accident Claims - Special Diet and Conveyance - The Tribunal awarded Rs. 10,000/- for special diet and conveyance - The High Court enhanced it to Rs. 20,000/- - (Para 16)
Issue of Consideration
Whether the Tribunal erred in assessing the permanent disability at 12% for the whole body instead of 40% as per medical evidence, and whether the compensation awarded under various heads is just and proper.
Final Decision
The appeal is partly allowed. The compensation is enhanced from Rs. 3,52,000/- to Rs. 6,67,880/- with 9% interest per annum from the date of petition till realization. The respondent insurance company is directed to deposit the enhanced amount within eight weeks.
Law Points
- Motor Accident Claims
- Permanent Disability Assessment
- Future Prospects
- Loss of Future Income
- Pain and Suffering
- Medical Expenses
- Section 173 Motor Vehicles Act
- 1988
