Case Note & Summary
The present appeal arises from a judgment and award dated 07.09.2019 passed by the Motor Accident Claims Tribunal (Aux.), Gondal, in Motor Accident Claim Petition No.150/2010. The appellants, original claimants, are the legal heirs of the deceased Pareshbhai Vasani, who died in a motor vehicle accident on 02.10.2009. The deceased was travelling in a Maruti car bearing No.GJ-05-CG-5095 when the driver lost control and the car turned turtle, causing fatal injuries. The claimants filed a petition seeking compensation of Rs.9,00,000. The Tribunal awarded Rs.7,52,600 with interest at 9% per annum. The appeal was filed only on the ground of quantum, challenging the notional income assessed at Rs.4,500 per month, the denial of personal accident cover of Rs.5,20,000, the denial of special contract premium of Rs.1,00,000, and the low award for pain, shock and suffering. The High Court, after hearing both sides, held that the notional income should be enhanced to Rs.6,000 per month considering the year of accident and the deceased's occupation as a shop owner and repairer of electronic items. Applying a multiplier of 18 and deducting 1/4th towards personal expenses, the loss of dependency was recalculated. The Court also enhanced the compensation for pain, shock and suffering from Rs.5,000 to Rs.15,000, noting that the deceased survived for four days. However, the claims for personal accident cover and special contract premium were rejected for lack of evidence. The total compensation was enhanced from Rs.7,52,600 to Rs.9,52,600, with the enhanced amount payable with interest at 7.5% per annum from the date of claim petition till realization.
Headnote
A) Motor Vehicles Act - Compensation - Notional Income - Deceased was a self-employed shop owner with no documentary evidence of income - Tribunal assessed notional income at Rs.4,500 per month - High Court enhanced it to Rs.6,000 per month considering the year of accident (2009) and nature of work - Held that notional income should be just and fair, not minimal (Paras 7-8). B) Motor Vehicles Act - Personal Accident Cover - Claim for Rs.5,20,000 under personal accident head - No evidence of additional premium paid for such cover - Held that without proof of premium, such claim cannot be granted (Para 9). C) Motor Vehicles Act - Special Contract Premium - Claim for Rs.1,00,000 based on Rs.100 premium received by Insurance Company - No evidence of such premium or contract - Held that claim is not sustainable (Para 9). D) Motor Vehicles Act - Pain, Shock and Suffering - Deceased survived for 4 days after accident - Tribunal awarded Rs.5,000 - High Court enhanced to Rs.15,000 considering the period of suffering (Para 10).
Issue of Consideration
Whether the Tribunal erred in assessing the notional income of the deceased and in not awarding compensation under the head of personal accident cover and special contract premium.
Final Decision
The appeal is partly allowed. The judgment and award dated 07.09.2019 is modified. The total compensation is enhanced from Rs.7,52,600 to Rs.9,52,600. The enhanced amount of Rs.2,00,000 shall carry interest at 7.5% per annum from the date of claim petition till realization. The Insurance Company is directed to deposit the enhanced amount within eight weeks.
Law Points
- Notional income assessment for self-employed persons
- Personal accident cover under motor insurance policy
- Compensation for pain
- shock and suffering
- Special contract premium for third-party risk
