Case Note & Summary
The appellant, Varsingbhai Tajabhai Bhabhor, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, against the judgment and award dated 17.05.2018 passed by the Motor Accident Claims Tribunal (Auxi.), Dahod, in MACP No.2015 of 2004 (Old MAC Petition No.2039 of 1997). The appellant was the original claimant in a motor accident claim petition arising from an accident that occurred on 16.02.1997. On that day, the appellant and his relatives were traveling in a relative's Jeep bearing registration No.GJ-17-C-1008 towards Dahod. When the jeep reached near Machhan bridge at Tandi Village, the driver of an ST Bus bearing registration No.GRR-8181, coming from the opposite side, drove the bus in a rash and negligent manner and dashed it against the jeep. As a result, the appellant sustained serious injuries. The appellant filed a claim petition seeking compensation. The Tribunal, after appreciating the evidence, awarded a total compensation of Rs. 1,50,000/- with interest at 9% per annum from the date of filing till realization. The appellant, feeling aggrieved and dissatisfied with the award, preferred the present appeal seeking enhancement of compensation. The main legal issues considered by the court were whether the compensation awarded by the Tribunal was just and proper, particularly regarding the assessment of permanent disability and future loss of income. The appellant argued that the Tribunal had erred in assessing permanent disability at 5% and had not granted future loss of income. The respondent, Gujarat State Road Transport Corporation (GSRTC), opposed the appeal. The High Court, after hearing the learned advocates for both sides and perusing the original record and proceedings, found that the Tribunal's assessment of permanent disability at 5% was erroneous. The court noted that the medical evidence indicated a permanent disability of 15% and accordingly enhanced the disability percentage. The court also granted future loss of income and increased the compensation for pain, shock, and suffering. The court modified the award, enhancing the total compensation from Rs. 1,50,000/- to Rs. 2,50,000/- with interest at 9% per annum. The appeal was partly allowed.
Headnote
A) Motor Accident Claims - Compensation - Permanent Disability - Section 173 Motor Vehicles Act, 1988 - The appellant sustained serious injuries in a vehicular accident and claimed compensation. The Tribunal awarded Rs. 1,50,000/-. The High Court found the assessment of permanent disability at 5% by the Tribunal to be erroneous and enhanced it to 15% based on medical evidence. The court also granted future loss of income and increased compensation for pain, shock, and suffering. Held that the compensation must be just and fair, and the Tribunal's award was modified accordingly (Paras 1-6).
Issue of Consideration
Whether the compensation awarded by the Tribunal was just and proper, particularly regarding the assessment of permanent disability and future loss of income.
Final Decision
The appeal is partly allowed. The judgment and award dated 17.05.2018 passed by the Motor Accident Claims Tribunal (Auxi.), Dahod, in MACP No.2015 of 2004 is modified. The appellant is entitled to total compensation of Rs. 2,50,000/- with interest at 9% per annum from the date of filing till realization. The respondent no.1 is directed to deposit the enhanced amount within eight weeks.
Law Points
- Motor Accident Claims
- Compensation Assessment
- Permanent Disability
- Future Loss of Income
- Section 173 Motor Vehicles Act
- 1988
