Case Note & Summary
The appellant, Madhuben Ganpatbhai Harijan, a pedestrian, was injured in a motorcycle accident on 29 November 2016. She filed a claim petition under the Motor Vehicles Act, 1988 seeking compensation of Rs.4,00,000/-. The Motor Accident Claims Tribunal (Aux), Panchmahals at Halol, partly allowed the petition and awarded Rs.1,75,180/-. Aggrieved by the inadequacy of the award, the appellant preferred an appeal under Section 173 of the Act before the Gujarat High Court. The appellant contended that the Tribunal failed to consider future prospective income, awarded meager amounts for pain and suffering (Rs.20,000/-) and special diet/attendant charges (Rs.6,000/-), and did not properly assess her income of Rs.7,000/- per month as a sweeper. The Insurance Company opposed the appeal. The High Court, after hearing the parties and perusing the record, found merit in the appellant's submissions. The Court held that the Tribunal ought to have considered 25% future prospects given the appellant's age of 47 years, and that the amounts awarded under pain and suffering and special diet/attendant charges were inadequate. The Court enhanced the compensation by modifying the award, directing the Insurance Company to pay the enhanced amount with interest. The appeal was partly allowed.
Headnote
A) Motor Accident Compensation - Future Prospective Income - Section 173 Motor Vehicles Act, 1988 - Claimant aged 47 years, pedestrian, sustained fracture in accident - Tribunal failed to add 25% future prospects to income - Held that future prospects must be considered as per settled law (Paras 4-5). B) Motor Accident Compensation - Pain and Suffering - Section 173 Motor Vehicles Act, 1988 - Tribunal awarded Rs.20,000/- for pain, shock and suffering - Held that amount is meager and requires enhancement (Para 4). C) Motor Accident Compensation - Special Diet and Attendant Charges - Section 173 Motor Vehicles Act, 1988 - Tribunal awarded Rs.6,000/- under this head - Held that amount is inadequate and requires enhancement (Para 4). D) Motor Accident Compensation - Income Assessment - Section 173 Motor Vehicles Act, 1988 - Claimant earned Rs.7,000/- per month as sweeper - Tribunal assessed income at minimum wage - Held that actual income or minimum wage should be considered (Para 4).
Issue of Consideration
Whether the Tribunal erred in not considering future prospective income and in awarding inadequate compensation under the heads of pain, shock and suffering, and special diet and attendant charges.
Final Decision
The appeal is partly allowed. The judgment and award dated 11.08.2021 passed by the Motor Accident Claims Tribunal (Aux), Panchmahals at Halol in MACP No.3082 of 2017 is modified. The Insurance Company is directed to pay the enhanced compensation amount with interest at the rate of 7.5% per annum from the date of petition till realization. The appellant is entitled to the enhanced amount. No order as to costs.
Law Points
- Motor Vehicles Act
- 1988
- Section 173
- Compensation for personal injury
- Future prospective income
- Pain and suffering
- Special diet and attendant charges
- Minimum wage assessment
