Case Note & Summary
The appellant, Junas Alimammad Mathda, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, against the judgment and award dated 04.11.2015 passed by the Motor Accident Claims Tribunal (Aux), Anjar-Kachchh in MACP No.739 of 2015 (Old No.570 of 2008). The Tribunal had partly allowed the claim petition and awarded Rs.2,55,100/- with 9% interest per annum from the date of filing till realization. The appellant sought enhancement of compensation. The facts of the case are that on 31.10.2008, the claimant and opponent No.1 were going to Bhuj on a motorcycle. While returning, opponent No.1, who was driving the motorcycle in a rash and negligent manner at excessive speed, lost control near Anjar Power House, causing the claimant, a pillion rider, to fall and sustain bodily injuries. The claimant filed a claim petition before the Tribunal. The Insurance Company (opponent No.2) filed a written statement at Exhibit-16 denying all averments. Opponent No.1 did not appear. The Tribunal framed issues at Exhibit-25 regarding negligence and compensation. After considering pleadings and evidence, the Tribunal partly allowed the claim. The High Court, in appeal, examined the evidence including the FIR, panchnama, and medical bills. The court found that the Tribunal had correctly held the driver negligent. However, the court noted that the Tribunal had not adequately compensated the claimant for pain, shock, suffering, and future treatment. The claimant had incurred medical expenses of Rs.1,55,100/- and required further treatment. The High Court enhanced the compensation by Rs.1,00,000/- for pain, shock, suffering, and future treatment, making the total compensation Rs.3,55,100/-. The court directed the Insurance Company to deposit the enhanced amount with 9% interest from the date of filing of the claim petition. The appeal was partly allowed.
Headnote
A) Motor Accident Claims - Negligence - Pillion Rider - The claimant, a pillion rider, sustained injuries due to rash and negligent driving of the motorcycle by opponent No.1 - The Tribunal found negligence proved - The High Court upheld the finding of negligence and enhanced compensation considering medical expenses and pain and suffering - Held that the claimant is entitled to just compensation under Section 166 of the Motor Vehicles Act, 1988 (Paras 1-10). B) Compensation - Medical Expenses - Future Treatment - The claimant incurred medical expenses of Rs.1,55,100/- and required future treatment - The Tribunal awarded Rs.2,55,100/- which was enhanced by Rs.1,00,000/- for pain, shock, suffering, and future treatment - Held that compensation should be fair and reasonable (Paras 5-12).
Issue of Consideration
Whether the compensation awarded by the Tribunal was just and proper, and whether the claimant was entitled to enhanced compensation for injuries sustained in a motorcycle accident.
Final Decision
Appeal partly allowed. Compensation enhanced from Rs.2,55,100/- to Rs.3,55,100/-. Insurance Company directed to deposit the enhanced amount with 9% interest per annum from the date of filing of the claim petition till realization.
Law Points
- Negligence of driver
- Compensation for injuries
- Pillion rider
- Motor Accident Claims Tribunal
- Section 166 Motor Vehicles Act
- 1988
