Case Note & Summary
The appellant, Dilip Khodsing Gohil, was the original claimant in a motor accident claim petition. On 28.09.2003, while returning from Ambaji in a luxury bus (No. GJ-06-U-9642), the bus was driven rashly and negligently by its driver, causing it to dash against the bridge of Vatrak River. The appellant sustained serious injuries to his left hand, resulting in amputation above the elbow. He filed MACP No.1652/2003 before the Motor Accident Claims Tribunal (Auxi.), Vadodara, seeking compensation of Rs.10,00,000/-. The Tribunal held the driver solely negligent and awarded Rs.7,30,600/- with 9% interest per annum from the date of petition, payable by the insurance company (respondent No.3). Aggrieved by the quantum, the appellant appealed under Section 173 of the Motor Vehicles Act, 1988. The appellant argued that the Tribunal failed to appreciate that he was a skilled mechanic earning Rs.6,000/- per month at M/s. Shree Gopinathji Agencies (Chevrolet showroom), and that the amputation rendered him 100% functionally disabled. He also contended that compensation under pain, shock, suffering, loss of amenities, and artificial limb was inadequate, and no future prospects were awarded. The High Court analyzed the evidence, including the salary certificate (Exh.57), and held that the functional disability should be 100% as the claimant could no longer work as a mechanic. The court enhanced compensation: loss of future earnings (Rs.6,000 x 12 x 18 x 100% = Rs.12,96,000), future prospects at 40% (Rs.5,18,400), pain, shock and suffering (Rs.1,00,000), loss of amenities (Rs.50,000), artificial limb (Rs.50,000), medical expenses (Rs.1,00,000), and special diet/attendant charges (Rs.25,000), totaling Rs.21,39,400. After deducting the awarded amount of Rs.7,30,600, the enhanced compensation was Rs.14,08,800 with 9% interest from the date of petition. The appeal was allowed accordingly.
Headnote
A) Motor Accident Compensation - Functional Disability - Amputation of Left Hand - Skilled Mechanic - Motor Vehicles Act, 1988, Section 173 - Claimant, a skilled mechanic, suffered amputation of left hand above elbow, rendering him unable to perform his job - Held that functional disability should be assessed at 100% as the injury completely incapacitated him from his occupation (Paras 5-6). B) Motor Accident Compensation - Heads of Compensation - Pain, Shock and Suffering - Loss of Amenities - Artificial Limb - Motor Vehicles Act, 1988, Section 173 - Tribunal awarded inadequate compensation under pain and suffering and failed to award separate amounts for loss of amenities and artificial limb - Held that claimant is entitled to enhanced compensation under these heads (Paras 7-8). C) Motor Accident Compensation - Future Prospects - Motor Vehicles Act, 1988, Section 173 - Tribunal did not award future prospects - Held that claimant is entitled to 40% future prospects as per settled law (Para 9).
Issue of Consideration
Whether the compensation awarded by the Tribunal for amputation of left hand above elbow was just and proper, and whether the functional disability should be assessed at 100% for a skilled mechanic.
Final Decision
The appeal is allowed. The impugned judgment and award is modified. The appellant is entitled to total compensation of Rs.21,39,400/- with interest at 9% per annum from the date of petition. The insurance company is directed to deposit the enhanced amount of Rs.14,08,800/- (after deducting the awarded amount) within eight weeks.
Law Points
- Motor Accident Compensation
- Functional Disability
- Loss of Future Earnings
- Pain and Suffering
- Loss of Amenities
- Artificial Limb
- Future Prospects
