Case Note & Summary
The appellant, Bhavesh Shashikant Joshi, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 14.06.2012 passed by the Motor Accident Claims Tribunal (Aux), Bhuj at Kachchh in MACP No.4 of 2003. The claimant, aged 19 years and working as a Technician, sustained grievous injuries in a motor vehicle accident on 20.10.2002 when a jeep driven rashly by respondent No.1 dashed into his motorcycle. The Tribunal partly allowed the claim petition and awarded Rs.1,42,500/- with interest at 7.5% per annum. The claimant appealed seeking enhancement of compensation. The High Court examined the evidence, including the disability certificate showing 15% permanent disability. The Court held that the Tribunal erred in not awarding any amount for future loss of income. Applying the multiplier of 18 (as per Sarla Verma v. DTC) to the notional income of Rs.3,000/- per month (since no income proof was produced), the Court calculated future loss of income as Rs.3,000 x 12 x 18 x 15% = Rs.97,200/-. Additionally, the Court enhanced compensation for pain, shock and suffering from Rs.20,000/- to Rs.50,000/-, and maintained the award for medical expenses at Rs.1,00,000/-, special diet and attendant charges at Rs.5,000/-, and transportation at Rs.3,000/-. The total compensation was enhanced to Rs.2,50,500/-. The appeal was partly allowed, with the enhanced amount payable with interest at 7.5% per annum from the date of petition till realization, and the insurance company was directed to pay the enhanced amount within eight weeks.
Headnote
A) Motor Accident Claims - Compensation for Injuries - Future Loss of Income - Permanent Disability - The claimant, a 19-year-old technician, suffered permanent disability of 15% due to a vehicular accident. The Tribunal awarded Rs.1,42,500/- but did not grant any amount for future loss of income. The High Court held that future loss of income must be calculated using the multiplier method based on the claimant's age and income, and awarded Rs.1,08,000/- under that head, enhancing total compensation to Rs.2,50,500/-. (Paras 1-9) B) Motor Accident Claims - Compensation for Injuries - Pain, Shock and Suffering - The Tribunal awarded Rs.20,000/- for pain, shock and suffering. The High Court found this inadequate and enhanced it to Rs.50,000/- considering the nature of injuries and hospitalization. (Para 8) C) Motor Accident Claims - Compensation for Injuries - Medical Expenses - The Tribunal awarded Rs.1,00,000/- towards medical expenses based on bills produced. The High Court upheld this amount as reasonable. (Para 8)
Issue of Consideration
Whether the Tribunal erred in not awarding compensation for future loss of income despite evidence of permanent disability, and whether the compensation awarded was just and proper.
Final Decision
Appeal partly allowed. Compensation enhanced from Rs.1,42,500/- to Rs.2,50,500/-. Enhanced amount to be paid with interest at 7.5% per annum from date of petition till realization. Insurance company directed to pay enhanced amount within eight weeks.
Law Points
- Motor Accident Claims
- Compensation for Injuries
- Future Loss of Income
- Multiplier Method
- Permanent Disability
- Section 166 Motor Vehicles Act
- 1988
