Case Note & Summary
The appellant, Nashirkhan Dalmohmad Makrani, filed a First Appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the common judgment and award dated 08.05.2017 passed by the Motor Accident Claims Tribunal, Godhra, in MACP No.2050 of 1997. The appellant was the original claimant in a motor accident claim arising out of a vehicular accident that occurred on 09.11.1997. On that day, the appellant and others were travelling in a Jeep bearing registration No.GJ-17-C-7770 at moderate speed when a Truck bearing No.GJ-07-X-113, driven in a rash and negligent manner at excessive speed, dashed into the jeep. As a result, the appellant sustained serious injuries. He filed a claim petition seeking compensation. The Tribunal partly allowed the claim petition and awarded compensation of Rs.51,560/- along with interest at 9% per annum. The appellant, being dissatisfied with the quantum of compensation, preferred the present appeal. The main legal issues considered by the High Court were whether the Tribunal erred in assessing the monthly income of the claimant at Rs.1500/- per month, in not granting future prospective income, and in awarding inadequate compensation under conventional heads. The appellant argued that he was a driver earning Rs.3500/- per month, and the Tribunal should have considered his income accordingly. The insurance company opposed the appeal, contending that the Tribunal's assessment based on minimum wage was correct. The High Court, after hearing both sides, noted that the appeal was confined to quantum only, as liability was not challenged. The Court examined the evidence, including the FIR, panchnama, treatment papers, and the claimant's affidavit. The Court held that in the absence of documentary evidence, the notional income of the claimant should be taken as Rs.3000/- per month, considering the year of accident (1997) and the nature of his work as a driver. Applying the principle from National Insurance Co. Ltd. v. Pranay Sethi, the Court added 40% towards future prospects, as the claimant was aged about 30 years. The Court also enhanced compensation under conventional heads: pain, shock and suffering from Rs.5,000/- to Rs.15,000/-; loss of amenities of life from nil to Rs.10,000/-; and attendant charges, extra nourishment, etc. from Rs.2,000/- to Rs.5,000/-. The total compensation was recalculated, and the appeal was partly allowed, enhancing the compensation to Rs.1,10,400/- with interest at 9% per annum from the date of petition till realization.
Headnote
A) Motor Accident Compensation - Assessment of Income - Self-Employed Person - The Tribunal assessed monthly income of the claimant at Rs.1500/- based on minimum wage, but the claimant claimed Rs.3500/- as a driver - The High Court held that in absence of documentary evidence, notional income of Rs.3000/- per month is appropriate considering the year of accident (1997) and nature of work - Motor Vehicles Act, 1988 - Section 166 - (Paras 6-7) B) Motor Accident Compensation - Future Prospects - Permanent Disability - The Tribunal did not grant any amount towards future prospective income - The High Court held that as per the principle laid down in National Insurance Co. Ltd. v. Pranay Sethi, 40% addition towards future prospects is warranted for self-employed persons aged about 30 years - Motor Vehicles Act, 1988 - Section 166 - (Paras 7-8) C) Motor Accident Compensation - Conventional Heads - Pain, Shock and Suffering - The Tribunal awarded Rs.5,000/- under pain, shock and suffering - The High Court enhanced it to Rs.15,000/- considering the nature of injuries and permanent disability - Motor Vehicles Act, 1988 - Section 166 - (Para 8) D) Motor Accident Compensation - Loss of Amenities of Life - The Tribunal did not award any amount under this head - The High Court awarded Rs.10,000/- towards loss of amenities of life - Motor Vehicles Act, 1988 - Section 166 - (Para 8) E) Motor Accident Compensation - Attendant Charges, Extra Nourishment, etc. - The Tribunal awarded Rs.2,000/- under these heads - The High Court enhanced it to Rs.5,000/- - Motor Vehicles Act, 1988 - Section 166 - (Para 8) F) Motor Accident Compensation - Interest Rate - The Tribunal awarded interest at 9% per annum - The High Court maintained the same rate on the enhanced amount - Motor Vehicles Act, 1988 - Section 171 - (Para 9)
Issue of Consideration
Whether the Tribunal erred in assessing monthly income of the claimant at Rs.1500/- per month and in not granting future prospective income and adequate compensation under conventional heads?
Final Decision
Appeal partly allowed. Compensation enhanced from Rs.51,560/- to Rs.1,10,400/- with interest at 9% per annum from date of petition till realization. The insurance company is directed to deposit the enhanced amount within eight weeks.
Law Points
- Assessment of income for self-employed persons
- Future prospects for permanent disability
- Compensation under conventional heads
- Interest rate on enhanced compensation
