Case Note & Summary
The appellant, Kokilaben Ramansinh Chauhan, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, against the judgment and award dated 16.11.2021 passed by the Motor Accident Claims Tribunal (Aux), Panchmahals at Halol, in MACP No.14 of 2019. The appellant was a passenger in a rickshaw bearing No.GJ-17-TT-7867 on 08.08.2018 when the driver lost control and the rickshaw turned turtle near village Maghasar, causing the appellant to be thrown out and sustain serious injuries with fracture. She filed a claim petition seeking Rs.5,00,000/- compensation, but the Tribunal awarded only Rs.1,25,600/-. Aggrieved, the appellant appealed contending that the Tribunal failed to consider future prospective income (she was 48 years old, so 25% future prospects should be added), awarded meager amounts of Rs.15,000/- for pain, shock and suffering and Rs.6,000/- for special diet and attendant charges, and incorrectly assessed her income at Rs.3,000/- p.m. instead of Rs.7,000/- p.m. as a labourer. The insurance company opposed the appeal. The High Court, relying on the Supreme Court's decision in Govind Yadav v. National Insurance Co. Ltd., held that the Tribunal's award was inadequate. The court reassessed the income at Rs.4,500/- p.m. based on minimum wages, added 25% future prospects, applied a multiplier of 38 (considering age 48 and 10% disability), and enhanced compensation under pain and suffering to Rs.40,000/- and special diet and attendant charges to Rs.15,000/-. The total compensation was recalculated at Rs.2,20,600/- with 6% interest from the date of petition. The appeal was partly allowed.
Headnote
A) Motor Accident Compensation - Future Prospective Income - Section 166 Motor Vehicles Act, 1988 - Claimant aged 48 years, 25% future prospects to be added - Tribunal failed to consider future prospects - Held that compensation must be enhanced accordingly (Paras 4, 6-7). B) Motor Accident Compensation - Pain, Shock and Suffering - Section 166 Motor Vehicles Act, 1988 - Tribunal awarded Rs.15,000/- which is meager - Held that amount enhanced to Rs.40,000/- (Para 7). C) Motor Accident Compensation - Special Diet and Attendant Charges - Section 166 Motor Vehicles Act, 1988 - Tribunal awarded Rs.6,000/- which is inadequate - Held that amount enhanced to Rs.15,000/- (Para 7). D) Motor Accident Compensation - Income Assessment - Section 166 Motor Vehicles Act, 1988 - Claimant claimed Rs.7,000/- p.m. as labourer - Tribunal assessed income at Rs.3,000/- p.m. - Held that income reassessed at Rs.4,500/- p.m. based on minimum wages (Para 7).
Issue of Consideration
Whether the Tribunal erred in not considering future prospective income and in awarding meager amounts under the heads of pain, shock and suffering, and special diet and attendant charges.
Final Decision
The appeal is partly allowed. The compensation is enhanced from Rs.1,25,600/- to Rs.2,20,600/- with 6% interest 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
- future prospective income
- pain and suffering
- special diet and attendant charges
- reassessment of income
