Case Note & Summary
The appellant, Nathabhai Velabhai Vaghela, was the original claimant in a motor accident claim petition. On 20/03/2008, while riding his motorcycle bearing registration no. GJ-12-AQ-6258 near Gavripar village, a jeep bearing registration no. GJ-17-C-3839 driven by opponent No.1 rashly and negligently collided with his motorcycle. The claimant sustained serious injuries including fractures to his left leg knee and right hand wrist. He filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation of Rs. 5,00,000/-. The Motor Accident Claims Tribunal (Auxiliary-8), Gandhidham-Kachchh, by judgment and award dated 07/08/2015 in MACP No.178 of 2008, partly allowed the claim and awarded Rs. 1,50,000/- as compensation. Aggrieved by the inadequacy of the award, the claimant filed the present appeal under Section 173 of the Motor Vehicles Act, 1988. The High Court considered the nature of injuries, medical expenses, pain and suffering, and loss of earning capacity. The court found that the Tribunal had not adequately compensated the claimant for the injuries and the consequent loss. The High Court enhanced the compensation from Rs. 1,50,000/- to Rs. 2,50,000/-, with interest at 7.5% per annum from the date of the claim petition till realization. The appeal was allowed in part, and the impugned award was modified accordingly.
Headnote
A) Motor Vehicles Act - Compensation for Injuries - Assessment of Compensation - Sections 166, 173 Motor Vehicles Act, 1988 - The appeal was filed by the original claimant seeking enhancement of compensation for injuries sustained in a motor accident. The Tribunal had awarded Rs. 1,50,000/-. The High Court enhanced the compensation to Rs. 2,50,000/- considering the nature of injuries, medical expenses, pain and suffering, and loss of earning capacity. Held that the Tribunal's award was inadequate and required enhancement (Paras 1-9).
Issue of Consideration
Whether the compensation awarded by the Motor Accident Claims Tribunal was just and proper, and whether the appellant-claimant is entitled to enhancement of compensation.
Final Decision
The appeal is partly allowed. The impugned judgment and award dated 07/08/2015 passed by the Motor Accident Claims Tribunal (Auxiliary-8), Gandhidham-Kachchh in MACP No.178 of 2008 is modified. The appellant-original claimant is entitled to total compensation of Rs. 2,50,000/- with interest at 7.5% per annum from the date of the claim petition till realization. The respondents are jointly and severally liable to pay the compensation. The award be modified accordingly.
Law Points
- Compensation for motor accident injuries
- Loss of earning capacity
- Future prospects
- Pain and suffering
- Medical expenses
- Section 166 Motor Vehicles Act
- 1988
- Section 173 Motor Vehicles Act
