Case Note & Summary
The appellant, Baskaran, filed a Civil Miscellaneous Appeal under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement of the compensation awarded by the Motor Accident Claims Tribunal/III Additional Sub Court, Tiruchirappalli, in MCOP No.475 of 2020 dated 21.06.2023. The appellant was a passenger in a bus owned by the first respondent and insured with the second respondent. On 29.10.2019, due to the rash and negligent driving of the bus driver, the bus tilted, causing the appellant to fall and sustain head injury and multiple injuries. He was hospitalized from 29.10.2019 to 04.11.2019. The appellant, aged 55 and earning Rs.20,000/- as a security guard, claimed Rs.15,00,000/- in compensation. The Tribunal awarded Rs.2,52,000/- with interest at 7.5% per annum. The appellant challenged the award as inadequate. The High Court found that the Tribunal had erred in assessing the disability at 10% based on Ex.C.1, whereas the medical evidence indicated a higher disability. The court assessed the disability at 30% and enhanced the notional income from Rs.10,000/- to Rs.12,000/- per month, applying a multiplier of 11. The court also enhanced compensation for medical expenses from Rs.50,000/- to Rs.1,00,000/-, for pain and suffering from Rs.30,000/- to Rs.50,000/-, and for loss of amenities from Rs.10,000/- to Rs.20,000/-. The total compensation was recalculated as Rs.5,25,200/-, with interest at 7.5% per annum from the date of petition till realization. The appeal was partly allowed.
Headnote
A) Motor Accident Compensation - Assessment of Disability - The Tribunal erred in taking the disability at 10% as per Ex.C.1, whereas the medical evidence showed the claimant suffered head injury and multiple fractures, and the disability ought to have been assessed at 30% considering the nature of injuries and treatment. Held that the compensation for permanent disability should be enhanced accordingly (Paras 9-10). B) Motor Accident Compensation - Loss of Earning Capacity - The Tribunal adopted a notional income of Rs.10,000/- per month, but the claimant claimed Rs.20,000/- as a security guard. In the absence of documentary proof, the court enhanced the notional income to Rs.12,000/- per month, applying the multiplier of 11 for a 55-year-old. Held that the compensation for loss of earning capacity is recalculated (Paras 11-12). C) Motor Accident Compensation - Medical Expenses and Pain and Suffering - The Tribunal awarded Rs.50,000/- for medical expenses and Rs.30,000/- for pain and suffering, which were found to be inadequate. The court enhanced these amounts to Rs.1,00,000/- and Rs.50,000/- respectively, considering the prolonged treatment and head injury. Held that the compensation for these heads is enhanced (Paras 13-14).
Issue of Consideration
Whether the compensation awarded by the Tribunal was just and proper, particularly regarding the assessment of disability and income of the claimant.
Final Decision
The appeal is partly allowed. The compensation is enhanced from Rs.2,52,000/- to Rs.5,25,200/- with interest at 7.5% per annum from the date of petition till realization. The second respondent is directed to deposit the enhanced amount within eight weeks.
Law Points
- Motor Vehicles Act
- 1988
- Section 173
- Compensation for personal injury
- Assessment of disability
- Multiplier method
- Loss of earning capacity
