Case Note & Summary
The appellant, Manharbhai Somabhai Patel, filed a First Appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 11.10.2018 passed by the Motor Accident Claims Tribunal (Main), Panchmahals at Godhra in MACP No.727 of 2010. The Tribunal had awarded Rs.4,50,000/- as compensation for injuries sustained in a motor accident on 03.04.2010, when the appellant was riding a motorcycle and was hit by an ST Bus driven rashly by opponent no.1. The appellant sought enhancement of compensation, arguing that the Tribunal erred in not awarding compensation for future loss of income and loss of amenities, despite the appellant suffering 40% permanent disability. The appellant was in permanent government service and his salary increased after the accident, but he suffered from permanent disability affecting his amenities of life. The High Court held that even if there is no loss of income, a claimant with permanent disability is entitled to compensation for loss of amenities and future medical expenses. The Court enhanced the compensation by awarding Rs.1,00,000 for loss of amenities, Rs.50,000 for future medical expenses, and increased the amount for pain, shock and suffering from Rs.50,000 to Rs.1,00,000, and for special diet, attendant charges and transportation from Rs.25,000 to Rs.50,000. The total compensation was enhanced from Rs.4,50,000 to Rs.7,50,000, with interest at 7.5% per annum from the date of petition till realization.
Headnote
A) Motor Accident Compensation - Permanent Disability - Loss of Amenities - Even if claimant's salary increased post-accident, he is entitled to compensation for loss of amenities due to permanent disability - The Tribunal erred in denying compensation for future loss of income solely on ground of no functional disablement - Held that claimant with 40% permanent disability is entitled to lump-sum compensation for loss of amenities and future medical expenses (Paras 4-8). B) Motor Accident Compensation - Future Medical Expenses - Evidence of Doctor - The claimant produced disability certificate and doctor's evidence showing 40% permanent disability and need for future medical expenses - The Tribunal failed to award any amount under this head - Held that claimant is entitled to Rs. 50,000 for future medical expenses (Paras 5-7).
Issue of Consideration
Whether the claimant is entitled to compensation for future loss of income and loss of amenities despite having a permanent job and salary increase post-accident?
Final Decision
Appeal allowed. Compensation enhanced from Rs.4,50,000 to Rs.7,50,000 with interest at 7.5% per annum from date of petition till realization. Respondents to pay enhanced amount within 8 weeks.
Law Points
- Compensation for permanent disability under Motor Vehicles Act
- 1988
- Loss of amenities
- Future medical expenses
- Multiplier method
- Functional disablement
