Case Note & Summary
The appellant, Mahammad Shafi, filed a claim petition before the Motor Accidents Claims Tribunal (II Addl. District and Sessions Judge, Haveri, sitting at Ranebennur) in MVC No.182/2008, seeking compensation for injuries sustained in a motor vehicle accident that occurred on 24.02.2008. The claimant was proceeding on the left side of P.B. Road for his coolie work when a Tata Sumo vehicle (Reg. No. KA 17/A-6273) driven rashly and negligently by its driver hit him, causing grievous injuries. The claimant was aged 40 years and was an ex-goundi (coolie) earning Rs. 3,000/- per month. The Tribunal partly allowed the claim petition and awarded a total compensation of Rs. 1,71,000/- with interest at 6% per annum from the date of petition till deposit. Dissatisfied with the quantum, the claimant filed the present appeal under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement. The High Court examined the evidence and found that the Tribunal had applied an incorrect multiplier of 15 instead of 16 as per the age of the claimant (40 years) following Sarla Verma. The Court also noted that the Tribunal had not granted any amount towards future prospects. Relying on Pranay Sethi, the Court held that the claimant was entitled to 25% addition towards future prospects. The Court recalculated the loss of future earnings due to disability (15% whole body disability) as Rs. 1,08,000/- (Rs. 3,000/- + 25% future prospects = Rs. 3,750/- x 12 x 16 x 15%). The Court also enhanced compensation under the heads of pain and suffering from Rs. 30,000/- to Rs. 50,000/-, loss of amenities from Rs. 10,000/- to Rs. 20,000/-, and loss of income during treatment from Rs. 6,000/- to Rs. 12,000/-. The medical expenses of Rs. 25,000/- were maintained. The total compensation was enhanced from Rs. 1,71,000/- to Rs. 2,15,000/-. The appeal was allowed in part, and the enhanced amount was directed to be paid with interest at 6% per annum from the date of petition.
Headnote
A) Motor Vehicles Act - Compensation - Multiplier - Age of Claimant - The Tribunal erred in applying multiplier of 15 instead of 16 for a claimant aged 40 years, as per the settled law in Sarla Verma v. Delhi Transport Corporation. The High Court corrected the multiplier to 16. (Paras 6-7) B) Motor Vehicles Act - Compensation - Future Prospects - The claimant, aged 40 years, was entitled to 25% addition towards future prospects as per the principles laid down in National Insurance Co. Ltd. v. Pranay Sethi. (Para 7) C) Motor Vehicles Act - Compensation - Pain and Suffering - The Tribunal awarded Rs. 30,000/- towards pain and suffering, which was enhanced to Rs. 50,000/- considering the nature of injuries and treatment. (Para 8) D) Motor Vehicles Act - Compensation - Loss of Amenities - The Tribunal awarded Rs. 10,000/- towards loss of amenities, which was enhanced to Rs. 20,000/-. (Para 8) E) Motor Vehicles Act - Compensation - Medical Expenses - The Tribunal awarded Rs. 25,000/- towards medical expenses, which was not interfered with as it was based on evidence. (Para 8) F) Motor Vehicles Act - Compensation - Loss of Income During Treatment - The Tribunal awarded Rs. 6,000/- towards loss of income during treatment, which was enhanced to Rs. 12,000/- considering the period of treatment. (Para 8)
Issue of Consideration
Whether the compensation awarded by the Tribunal is just and proper, and whether the claimant is entitled to enhancement of compensation.
Final Decision
Appeal allowed in part. The compensation awarded by the Tribunal is enhanced from Rs. 1,71,000/- to Rs. 2,15,000/-. The enhanced amount shall carry interest at 6% per annum from the date of petition till deposit. The respondent insurance company is directed to deposit the enhanced amount within six weeks.
Law Points
- Motor Vehicles Act
- 1988
- Section 173(1)
- Compensation
- Multiplier
- Age of claimant
- Future prospects
- Pain and suffering
- Loss of amenities
- Medical expenses
- Disability
