Case Note & Summary
The appellant, Jayendrasinh Prabhatsinh Devdhara, filed a first appeal under Section 173 of the Motor Vehicles Act, 1988, against the judgment and award dated 19.10.2013 passed by the Motor Accident Claims Tribunal (Auxiliary) and 4th Additional District Judge, Bharuch in MACP No.828/2007. The claimant, a 22-year-old pillion rider on a motorcycle, sustained serious injuries in a motor vehicle accident on 09.04.2007 when a chhakda rickshaw driven by respondent no.1 from the wrong side at excessive speed dashed into the motorcycle. The claimant was initially treated at Arshiwad Hospital, Kosamba, then shifted to Mahaveer General Hospital, Surat, and later took treatment at Dr. Dhiran Mahida Punja Fracture & Orthopedic Hospital as an indoor patient. He claimed to be engaged in agricultural work earning Rs.4,500/- to Rs.5,500/- per month. The Tribunal partly allowed the claim petition and awarded Rs.2,17,460/- with 9% interest. Aggrieved by the quantum, the claimant appealed for enhancement. The High Court considered the submissions of learned counsel for the appellant and the insurance company. The court noted that the Tribunal had applied a multiplier of 17 instead of 18 as per the claimant's age of 22 years, and had not added future prospects. Following the principles in Sarla Verma v. DTC and Pranay Sethi, the court applied multiplier 18 and added 40% future prospects. The court also enhanced compensation for pain and suffering from Rs.15,000/- to Rs.50,000/-, allowed medical expenses of Rs.1,00,000/-, and awarded Rs.10,000/- for attendant charges. The total compensation was recalculated as Rs.3,52,460/-. The court directed the insurance company to deposit the enhanced amount with 9% interest within eight weeks. The appeal was partly allowed.
Headnote
A) Motor Accident Claims - Compensation for Injuries - Multiplier Method - The court applied the multiplier of 18 based on the age of the claimant (22 years) as per Sarla Verma v. DTC, (2009) 6 SCC 121, and added 40% future prospects as per Pranay Sethi guidelines. The Tribunal had erroneously applied multiplier of 17 and not added future prospects. (Paras 8-10) B) Motor Accident Claims - Pain and Suffering - The court enhanced compensation for pain and suffering from Rs.15,000/- to Rs.50,000/- considering the nature of injuries and prolonged treatment. (Para 11) C) Motor Accident Claims - Medical Expenses - The court allowed medical expenses of Rs.1,00,000/- based on bills produced, though the Tribunal had not specifically awarded this head. (Para 12) D) Motor Accident Claims - Loss of Income - The court assessed loss of income at Rs.1,08,000/- for 12 months at Rs.9,000/- per month (Rs.6,000/- income plus 40% future prospects). (Para 10) E) Motor Accident Claims - Attendant Charges - The court awarded Rs.10,000/- for attendant charges, which was not considered by the Tribunal. (Para 13)
Issue of Consideration
Whether the compensation awarded by the Tribunal was just and proper, and whether the claimant is entitled to enhancement of compensation.
Final Decision
The appeal is partly allowed. The impugned judgment and award is modified. The claimant is entitled to total compensation of Rs.3,52,460/- with interest at 9% per annum from the date of filing of claim petition till realization. The insurance company is directed to deposit the enhanced amount within eight weeks.
Law Points
- Motor Accident Claims
- Compensation for Injuries
- Multiplier Method
- Future Prospects
- Pain and Suffering
- Medical Expenses
- Loss of Income
