Case Note & Summary
The appellant, Isubkhan Husainkhan Sipahi, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for grievous injuries sustained in a motor vehicle accident on 15.10.2009. The accident occurred when a ST bus driven rashly by respondent No.1 hit the appellant while he was walking near Bileshwarpura Patiya on Kalol Highway road. The appellant suffered fractures and permanent disability. The Motor Accident Claims Tribunal (Aux.), Banaskantha at Palanpur, in M.A.C.P. No.400 of 2010, partly allowed the claim and awarded Rs.5,49,700 with 7.5% interest. Dissatisfied, the appellant filed the present appeal seeking enhancement. The High Court considered the evidence, including medical certificates showing 40% disability, and the appellant's age of 25 years. The Court found that the Tribunal had incorrectly applied a multiplier of 15 instead of 18 as per the Sarla Verma case, and had assessed disability at 30% instead of 40%. The Court recalculated the compensation: for future loss of income, it took the notional income of Rs.3,000 per month (as per the Tribunal), applied 40% disability, and multiplier 18, resulting in Rs.2,59,200. For pain, shock and suffering, it enhanced from Rs.20,000 to Rs.50,000. For medical expenses, it maintained Rs.1,50,000. For special diet, attendant charges, and transportation, it enhanced from Rs.10,000 to Rs.25,000. For loss of amenities, it awarded Rs.25,000 (not awarded by Tribunal). Total compensation was enhanced to Rs.8,09,600. The Court directed the respondent S.T. Corporation to pay the enhanced amount with 7.5% interest from the date of petition till realization, within eight weeks.
Headnote
A) Motor Accident Claims - Compensation for Grievous Injuries - Future Loss of Income - Multiplier Method - The appellant-claimant sustained grievous injuries in a vehicular accident and claimed enhanced compensation - The High Court held that the Tribunal erred in applying multiplier of 15 instead of 18 based on the claimant's age of 25 years, and in assessing disability at 30% instead of 40% as per medical evidence - Compensation enhanced from Rs.5,49,700 to Rs.8,09,600 with 7.5% interest - Motor Vehicles Act, 1988, Sections 166, 168 (Paras 1-11).
Issue of Consideration
Whether the compensation awarded by the Tribunal was just and proper, particularly regarding future loss of income and multiplier applied.
Final Decision
Appeal allowed in part. Compensation enhanced from Rs.5,49,700 to Rs.8,09,600 with 7.5% interest per annum from the date of petition till realization. Respondent No.2 (S.T. Corporation) directed to deposit the enhanced amount within eight weeks.
Law Points
- Motor Accident Claims
- Compensation for Grievous Injuries
- Future Loss of Income
- Multiplier Method
- Disability Assessment
- Motor Vehicles Act
- 1988 Sections 166
- 168
