Case Note & Summary
The appellant, Arvindbhai Bhanjibhai Rathod, filed a first appeal before the High Court of Gujarat against the judgment and award dated 20.03.2015 passed by the Motor Accident Claims Tribunal (Auxi.), Khambhaliya in M.A.C.P. No. 32 of 2011. The Tribunal had partly allowed the claim petition and awarded a sum of Rs.1,34,200/- with interest at 7% per annum from the date of filing of the claim petition till realization. The appellant sought enhancement of compensation. The facts of the case are that on 29.03.2011, at about 06:30 a.m., the appellant along with Osmanbhai Dadabhai Belim was returning home on foot from TATA Company. When they reached near Kismat Hotel, opposite Kankri Gate, the driver of the truck bearing Registration No. GJ-10-W-6960 came there in a rash and negligent manner, driving at an excessive speed, and violently dashed against the appellant and Osmanbhai. As a result, both sustained grievous injuries. The appellant filed a claim petition before the Tribunal. The notices were served upon the opponents. Opponent Nos.1 and 2 chose not to appear, but Opponent No.3-Insurance Company appeared and filed a written statement. The Tribunal, after considering the evidence, awarded compensation of Rs.1,34,200/-. The appellant, being dissatisfied, filed the present appeal. The legal issues considered were whether the compensation awarded was just and proper and whether the appellant was entitled to enhanced compensation. The appellant argued that the compensation was inadequate and that the Tribunal had erred in assessing the income and disability. The Insurance Company contended that the award was just and proper. The court analyzed the evidence and found that the appellant had sustained grievous injuries and had incurred medical expenses. The court held that the compensation awarded by the Tribunal was on the lower side and required enhancement. The court enhanced the compensation to Rs.2,00,000/- with interest at 9% per annum from the date of filing of the claim petition till realization. The court directed the Insurance Company to deposit the enhanced amount within six weeks.
Headnote
A) Motor Accident Claims - Compensation Enhancement - Negligence - The appellant, a pedestrian, was hit by a truck driven rashly and negligently, resulting in grievous injuries. The Tribunal awarded Rs.1,34,200/- with 7% interest. The High Court enhanced the compensation to Rs.2,00,000/- with 9% interest, considering the injuries and medical expenses. (Paras 1-8) B) Motor Accident Claims - Contributory Negligence - The Tribunal found no contributory negligence on the part of the appellant, as the accident occurred due to the truck driver's rash driving. The High Court upheld this finding. (Para 4) C) Motor Accident Claims - Future Loss of Income - The appellant, a labourer, suffered permanent disability. The High Court assessed future loss of income at Rs.50,000/- considering his age and occupation. (Para 6) D) Motor Accident Claims - Pain and Suffering - The High Court awarded Rs.50,000/- for pain and suffering, considering the nature of injuries and hospitalization. (Para 7) E) Motor Accident Claims - Medical Expenses - The High Court awarded Rs.50,000/- for medical expenses based on bills produced. (Para 7) F) Motor Accident Claims - Interest Rate - The High Court increased the interest rate from 7% to 9% per annum from the date of filing of the claim petition till realization. (Para 8)
Issue of Consideration
Whether the compensation awarded by the Motor Accident Claims Tribunal was just and proper, and whether the appellant is entitled to enhanced compensation.
Final Decision
The appeal is partly allowed. The compensation is enhanced from Rs.1,34,200/- to Rs.2,00,000/-. The rate of interest is increased from 7% to 9% per annum from the date of filing of the claim petition till realization. The Insurance Company is directed to deposit the enhanced amount within six weeks.
Law Points
- Motor Accident Claims
- Compensation Enhancement
- Negligence
- Contributory Negligence
- Future Loss of Income
- Pain and Suffering
- Medical Expenses
- Interest Rate
