Case Note & Summary
The case arises from a motor accident claim petition filed by K.B. Shivakumar Swamy (claimant) under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a road accident. The claimant, aged 34, was a driver by profession earning Rs.4,500 per month. The Tribunal awarded Rs.2,97,000 with interest at 6% p.a., excluding future medical expenses of Rs.20,000. The insurance company appealed (MFA No.1337/2009) challenging the multiplier and compensation, while the claimant filed cross-objections (MFA.Crob.41/2011) seeking enhancement. The High Court held that the multiplier of 17 applied by the Tribunal was correct as per the Second Schedule. The court recalculated compensation: loss of future income at Rs.2,88,000 (Rs.3,000 x 12 x 17 x 40/100), pain and suffering at Rs.30,000, medical expenses at Rs.25,000, loss of income during treatment at Rs.18,000, conveyance and nourishment at Rs.10,000, and future medical expenses at Rs.20,000, totaling Rs.3,91,000. The court allowed the appeal in part and cross-objections in part, enhancing compensation to Rs.3,91,000 with interest at 6% p.a. from the date of petition till deposit.
Headnote
A) Motor Accident Claims - Compensation - Multiplier - Second Schedule of Motor Vehicles Act, 1988 - The Tribunal applied multiplier 17 for age 34, but as per Second Schedule, multiplier for age 34 is 17, which is correct. However, the court recalculated compensation based on income and disability. (Paras 4-6) B) Motor Accident Claims - Future Medical Expenses - Section 166 of Motor Vehicles Act, 1988 - The Tribunal awarded Rs.20,000 for future medical expenses, which was not challenged by the insurance company. The court upheld this award. (Para 7) C) Motor Accident Claims - Interest Rate - Section 171 of Motor Vehicles Act, 1988 - The Tribunal awarded interest at 6% p.a., which is reasonable and not interfered with. (Para 8)
Issue of Consideration
Whether the Tribunal erred in applying the multiplier and awarding compensation, and whether the claimant is entitled to enhanced compensation.
Final Decision
Appeal and cross-objections are allowed in part. Compensation enhanced to Rs.3,91,000 with interest at 6% p.a. from the date of petition till deposit. Insurance company to deposit the enhanced amount within four weeks.
Law Points
- Motor Vehicles Act
- 1988
- Section 166
- Section 173(1)
- Second Schedule
- Multiplier
- Compensation
- Future Medical Expenses
- Interest Rate
