Case Note & Summary
The appellant, Ganpatbhai Bhagabhai Rathwa, filed a First Appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the judgment and award dated 18.05.2019 passed by the learned Motor Accident Claims Tribunal (Auxi.-II), Chhota Udepur in Motor Accident Claim Petition No.1230/2017 (Old No.075/2011). The Tribunal had partly allowed the claim petition and awarded Rs.4,05,500/- with interest at 9% per annum. The appellant sought enhancement of compensation. The accident occurred on 29.05.2011 at about 9:00 PM when the appellant, a pedestrian, was going from Tarapur to Mohansinh Chotubhai Rathwa Arts College to attend his duty as a watchman. The opponent No.1 drove his motorcycle bearing No.GJ-06-EA-3427 on the wrong side at excessive speed, rashly and negligently, hitting the appellant, who sustained grievous injuries resulting in permanent partial disability. The appellant filed a claim petition seeking Rs.10 lakh compensation. The Tribunal held the driver solely negligent and awarded Rs.4,05,500/-. The appellant contended that the Tribunal erred in considering only 60% disability body as a whole against 70% physical disability, whereas the claimant sustained 100% functional disability. He also argued that the Tribunal wrongly assessed monthly income at Rs.13,000/- and did not award future loss of income. The High Court, after considering the evidence and submissions, held that the Tribunal erred in not considering 100% functional disability as the claimant could not perform his duties as a watchman. The Court upheld the monthly income of Rs.13,000/- but awarded future loss of income of Rs.1,87,200/- (Rs.13,000 x 12 x 18 x 60/100 x 1/2) and enhanced compensation for pain, shock and suffering from Rs.20,000/- to Rs.50,000/-. The total compensation was enhanced to Rs.6,42,700/- with interest at 9% per annum from the date of claim petition. The appeal was partly allowed.
Headnote
A) Motor Accident Compensation - Assessment of Disability - Functional Disability vs. Physical Disability - Motor Vehicles Act, 1988, Section 173 - The appellant sustained grievous injuries resulting in permanent partial disability; the Tribunal assessed 60% disability body as a whole against 70% physical disability. The High Court held that the Tribunal erred in not considering 100% functional disability as the claimant could not perform his duties as a watchman. (Paras 4-6) B) Motor Accident Compensation - Determination of Income - Monthly Income - Motor Vehicles Act, 1988, Section 173 - The Tribunal assessed monthly income at Rs.13,000/- based on evidence. The High Court upheld this finding as the appellant failed to produce sufficient proof of higher income. (Para 7) C) Motor Accident Compensation - Future Loss of Income - Multiplier - Motor Vehicles Act, 1988, Section 173 - The Tribunal did not award compensation for future loss of income. The High Court held that the claimant is entitled to future loss of income based on the multiplier method and awarded Rs.1,87,200/-. (Paras 8-9) D) Motor Accident Compensation - Pain, Shock and Suffering - Motor Vehicles Act, 1988, Section 173 - The Tribunal awarded Rs.20,000/- under this head. The High Court enhanced it to Rs.50,000/- considering the nature of injuries and permanent disability. (Para 10)
Issue of Consideration
Whether the Tribunal erred in assessing the appellant's disability at 60% instead of 100% functional disability and in determining the monthly income at Rs.13,000/- without awarding future loss of income.
Final Decision
The High Court partly allowed the appeal and enhanced the compensation from Rs.4,05,500/- to Rs.6,42,700/- with interest at 9% per annum from the date of claim petition.
Law Points
- Assessment of functional disability
- Determination of monthly income for compensation
- Future loss of income
- Compensation for pain
- shock and suffering
