Case Note & Summary
The appellant, Rampyare S/o Raghuvir, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, against the judgment and award dated 21.12.2023 passed by the Motor Accident Claims Tribunal, Gandhidham in MACP No.43 of 2019. The claimant had parked his truck near Renuka Sugar Company on 16.02.2018 and was walking on the side of the road to attend nature's call when a trailer (No. UP-81-BT-5347) driven rashly and negligently by Opponent No.1 at excessive speed lost control and dashed into the claimant from behind, causing serious and grievous injuries. An FIR (C.R. No. I-46/2018) was lodged at Kandla Marine Police Station. The claimant contended that the accident occurred solely due to the negligence of Opponent No.1, and Opponent Nos.1, 2, and 3 (driver, owner, and insurer) were jointly and severally liable. The Tribunal awarded compensation but failed to properly assess income, award amounts under conventional heads, or grant future prospects of income. The appellant sought enhancement. The respondent-insurer opposed, arguing the award was just. The High Court, after hearing both sides, found that the Tribunal had not awarded any amount towards future prospects or conventional heads, and the compensation for pain, shock, and suffering was inadequate. The Court enhanced the compensation by modifying the award, granting additional amounts under various heads including future prospects, pain and suffering, and conventional damages, and directed the insurer to pay the enhanced amount with interest.
Headnote
A) Motor Accident Claims - Compensation Assessment - Failure to Award Future Prospects - Motor Vehicles Act, 1988, Section 166 - The Tribunal failed to award any amount towards future prospect of income, which is required to be considered for enhancement of compensation (Paras 4-6). B) Motor Accident Claims - Conventional Heads - Pain, Shock and Suffering - Motor Vehicles Act, 1988, Section 166 - The Tribunal did not award amounts under conventional heads despite the claimant suffering considerable hardship and severe bodily disability, warranting interference by the High Court (Paras 4-6).
Issue of Consideration
Whether the Tribunal erred in not awarding compensation under conventional heads and future prospects of income, and whether the compensation awarded is just and proper.
Final Decision
The appeal is allowed. The judgment and award dated 21.12.2023 passed by the Motor Accident Claims Tribunal, Gandhidham in MACP No.43 of 2019 is modified. The compensation is enhanced by awarding additional amounts under various heads including future prospects, pain and suffering, and conventional damages. The insurer is directed to pay the enhanced amount with interest at the rate of 7.5% per annum from the date of petition till realization.
Law Points
- Motor Accident Claims
- Compensation Assessment
- Future Prospects
- Conventional Heads
- Pain and Suffering
