Case Note & Summary
The appellant, Kamlesh Vajesinh Meda, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, against the judgment and award dated 10.11.2022 passed by the Motor Accident Claims Tribunal, Dahod, in MACP No.444/2015. The claimant sustained injuries in a motor accident on 10.10.2015 when his motorcycle was dashed by a jeep driven rashly and negligently. He filed a claim petition seeking compensation of Rs.5,00,000/-. The Tribunal awarded Rs.4,25,540/- with interest at 7.5% p.a., assessing his income at Rs.4,500/- per month and granting Rs.10,000/- for pain, shock and suffering and Rs.7,500/- for special diet and attendant charges. The claimant appealed, contending that the income assessment was too low as he was a centering worker earning Rs.15,000/- per month, and the amounts under the other heads were meager. The insurance company opposed the appeal, arguing the award was just and proper. The High Court, relying on the Supreme Court's decision in Govind Yadav v. National Insurance Co. Ltd., held that in the absence of proof of income, the Tribunal should consider the prevalent minimum wages. Since the accident occurred in October 2015, the government-approved minimum wage was Rs.7,450/- per month, and the Court reassessed the claimant's income accordingly. The disability was agreed at 23% by both parties, and the multiplier of 17 was upheld. The Court partly allowed the appeal, enhancing the compensation by modifying the income assessment, but did not specify the revised amounts for pain and suffering or special diet. The judgment was delivered on 23.02.2026 by Justice Hasmukh D. Suthar.
Headnote
A) Motor Accident Compensation - Assessment of Income - Minimum Wages - In absence of proof of income, the Tribunal must consider prevalent minimum wages - The claimant, a centering worker, claimed monthly income of Rs.15,000/- but produced no proof - Following Govind Yadav v. National Insurance Co. Ltd., the Court reassessed income at Rs.7,450/- per month based on government-approved minimum wages for October 2015 - Held that the Tribunal's assessment of Rs.4,500/- was erroneous and required enhancement (Paras 6-8). B) Motor Accident Compensation - Disability - Agreed Disability Percentage - The parties agreed to assess disability at 23% for the body as a whole, recorded in pursis at Exh:26 - The Tribunal rightly applied this agreed percentage - The Court upheld the disability assessment and multiplier of 17 (Paras 7-8). C) Motor Accident Compensation - Pain and Suffering - Special Diet and Attendant Charges - The Tribunal awarded Rs.10,000/- for pain, shock and suffering and Rs.7,500/- for special diet and attendant charges - The Court found these amounts meager but did not specify enhancement in the judgment - The appeal was partly allowed with enhanced compensation (Paras 4, 9).
Issue of Consideration
Whether the Tribunal erred in assessing the claimant's income at Rs.4,500/- per month 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 income of the claimant is reassessed at Rs.7,450/- per month based on the minimum wages prevalent in October 2015. The Tribunal's award is modified accordingly. No order as to costs.
Law Points
- Assessment of income in absence of proof
- Minimum wages as basis for income
- Compensation for pain and suffering
- Special diet and attendant charges
