Case Note & Summary
The appellant, Mukeshbhai Shambhubhai Rojasra, was a pillion rider on a motorcycle on 18.01.2014 when an Eicher tempo bearing No. GJ-13-T-9870, driven rashly and negligently, dashed into the motorcycle. The appellant sustained grievous fracture injuries on his right leg and other body parts. He filed a Motor Accident Claim Petition seeking compensation of Rs.15,00,000/-. The Motor Accident Claims Tribunal (Aux), Rajkot, partly allowed the petition and awarded Rs.4,28,068/-. The appellant appealed under Section 173 of the Motor Vehicles Act, 1988, challenging the quantum on the grounds that the Tribunal did not consider his monthly income as per minimum wage, did not award future prospective income, and granted only Rs.22,000/- for pain and suffering. The Insurance Company opposed, arguing the award was just. The High Court, after hearing both sides, noted that the appeal was only on quantum and liability was not challenged. The Court found that the Tribunal's assessment of monthly income at Rs.6,100/- was reasonable as it exceeded the minimum wage. However, the Court held that the claimant was entitled to 40% addition for future prospective income as per Pranay Sethi. The Court also enhanced the pain and suffering compensation from Rs.22,000/- to Rs.50,000/-. Consequently, the total compensation was recalculated and enhanced to Rs.5,68,068/- with interest at 7.5% per annum from the date of petition till realization. The appeal was partly allowed.
Headnote
A) Motor Accident Compensation - Assessment of Income - Minimum Wage - In the absence of proof of income, the Tribunal may assess income based on minimum wage rates prevailing at the time of accident, but the High Court held that the Tribunal's assessment of Rs.6,100/- per month was reasonable as it exceeded the minimum wage. (Para 6) B) Motor Accident Compensation - Future Prospective Income - Entitlement - The claimant, being a self-employed person, is entitled to an addition of 40% towards future prospective income as per the principles laid down in National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680. (Para 7) C) Motor Accident Compensation - Pain and Suffering - Quantum - The Tribunal awarded only Rs.22,000/- under the head of pain, shock and suffering, which was inadequate considering the grievous fracture injuries; the High Court enhanced it to Rs.50,000/-. (Para 8)
Issue of Consideration
Whether the Tribunal erred in assessing monthly income and in not awarding compensation under the head of future prospective income and adequate pain and suffering.
Final Decision
The appeal is partly allowed. The total compensation is enhanced from Rs.4,28,068/- to Rs.5,68,068/-. The enhanced amount of Rs.1,40,000/- shall be paid with interest at 7.5% per annum from the date of petition till realization. The Insurance Company is directed to deposit the enhanced amount within eight weeks.
Law Points
- Motor Accident Compensation
- Minimum Wage Income Assessment
- Future Prospective Income
- Pain and Suffering
- Just Compensation
