Case Note & Summary
The case involves an appeal by the National Insurance Company Limited and cross-objections by the claimant K.B. Shivakumar Swamy against the judgment and award dated 22.08.2008 passed by the VIII Additional Judge, Court of Small Causes, MACT, Bangalore in MVC No.2405/2007. The Tribunal had awarded a compensation of Rs.2,97,000/- with interest at 6% per annum, excluding future medical expenses of Rs.20,000/-. The Insurance Company challenged the award, while the claimant sought enhancement. The High Court, after hearing both sides, modified the award by applying the correct multiplier of 18 as per the Second Schedule of the Motor Vehicles Act, 1988, instead of 15 applied by the Tribunal. The court also upheld the award of Rs.20,000/- for future medical expenses. The appeal was partly allowed, and the cross-objections were allowed in part, resulting in an enhanced compensation of Rs.3,42,000/- with interest at 6% per annum.
Headnote
A) Motor Accident Compensation - Multiplier - Second Schedule of Motor Vehicles Act, 1988 - The Tribunal applied multiplier 15 instead of 18 as per Second Schedule for age group 30-35 - Held that the correct multiplier is 18 as per the Second Schedule (Para 4). B) Motor Accident Compensation - Future Medical Expenses - Section 173(1) of Motor Vehicles Act, 1988 - The Tribunal awarded Rs.20,000/- for future medical expenses - Held that the same is justified and not excessive (Para 5).
Issue of Consideration
Whether the Tribunal erred in applying the multiplier and awarding compensation for future medical expenses?
Final Decision
Appeal partly allowed; cross-objections allowed in part. Compensation enhanced from Rs.2,97,000 to Rs.3,42,000 with interest at 6% p.a. from date of petition till deposit.
Law Points
- Motor Vehicles Act
- 1988
- Section 173(1)
- Second Schedule
- Multiplier
- Compensation
- Future Medical Expenses
