Case Note & Summary
The appellant, Ramilaben Jadavbhai Patel, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 27.12.2012 passed by the Motor Accident Claims Tribunal (Auxiliary), Ahmedabad (Rural) in MACP No.1276/1994. The Tribunal had partly allowed the claim petition and awarded Rs.2,35,060/- with interest at 7.5% per annum. The appellant, a 35-year-old woman, sustained serious injuries including amputation of her right leg in a motor vehicle accident on 02.11.1994 when the ST bus she was travelling in collided with a truck. She claimed to be earning Rs.3,000/- per month from diamond polishing. The appeal was confined to the quantum of compensation. The High Court considered the submissions of the appellant's counsel, Mr. Hiren M. Modi, who argued that the Tribunal failed to consider future prospective income and awarded inadequate amounts for pain and suffering and loss of amenities. The court held that the claimant was entitled to 40% addition for future prospects, enhancing the notional income from Rs.3,000/- to Rs.4,200/- per month. Applying a multiplier of 16 (as per Sarla Verma v. DTC), the loss of earning capacity was computed at Rs.4,03,200/-. The court also enhanced the compensation for pain and suffering from Rs.25,000/- to Rs.1,00,000/-, and for loss of amenities from Rs.25,000/- to Rs.1,00,000/-. Medical expenses of Rs.1,35,060/- were upheld. The total compensation was recomputed at Rs.7,38,260/-, with interest at 9% per annum from the date of claim petition till realization. The appeal was partly allowed, and the respondents were directed to pay the enhanced amount within eight weeks.
Headnote
A) Motor Accident Claims - Compensation for Amputation - Future Prospective Income - The claimant, aged 35, suffered amputation of right leg in a bus-truck collision - Tribunal failed to consider future prospects - Held that 40% addition for future prospects is warranted as per settled law (Paras 7-9). B) Motor Accident Claims - Pain and Suffering - Loss of Amenities - Amputation of leg causes permanent disability and loss of enjoyment of life - Tribunal awarded Rs. 25,000 for pain and suffering and Rs. 25,000 for loss of amenities - Held that these amounts are inadequate and enhanced to Rs. 1,00,000 each (Paras 10-11). C) Motor Accident Claims - Medical Expenses - Actual medical bills of Rs. 1,35,060 were proved - Tribunal awarded the same - Held that no interference is required (Para 12). D) Motor Accident Claims - Interest Rate - Tribunal awarded 7.5% per annum - Held that interest rate of 9% per annum is appropriate from the date of claim petition till realization (Para 13).
Issue of Consideration
Whether the compensation awarded by the Tribunal was just and proper, particularly regarding future prospective income, pain and suffering, and loss of amenities.
Final Decision
Appeal partly allowed. Compensation enhanced from Rs.2,35,060 to Rs.7,38,260 with interest at 9% per annum from date of claim petition till realization. Respondents directed to pay enhanced amount within eight weeks.
Law Points
- Motor Accident Claims
- Compensation for Amputation
- Future Prospective Income
- Pain and Suffering
- Loss of Amenities
- Medical Expenses
- Interest Rate
