Case Note & Summary
The present appeals were filed by the original claimants under Section 173 of the Motor Vehicles Act, 1988, being aggrieved by the judgment and award dated 04.12.2014 passed by the Motor Accident Claims Tribunal (Main), Panchmahal at Godhra in MACP Nos.575 and 574 of 2010. The brief facts of the case are that on 03-12-2009, the appellants were travelling on Motorcycle No.G.J-17-S-6629, in which Ajitbhai was a pillion rider and Vikrambhai was driving the said motorcycle slowly and carefully on the side of the road. When they reached the place of occurrence, due to heavy traffic on the highway, the motorcyclist stopped the motorcycle on the side of the road. At that time, the opponent No.1 came driving Car No.RJ-27-UA-373 in a rash and negligent manner on the wrong side and dashed with the motorcycle. Thus, the accident occurred and the applicants sustained severe injuries with fracture. Hence, they filed the petitions to claim compensation from the respondents jointly and severally. The MACP Nos.575 and 574 of 2010 were originally filed seeking compensation of Rs.3,00,000/- and Rs.1,50,000/- respectively on account of injuries sustained in the motor-vehicular accident. Vide the impugned judgment and award, the Tribunal partly allowed the claim petitions preferred by the present appellant – original claimant under Section 166 of the Act, 1988 holding the present appellant-original claimant entitled to Rs.1,13,100/- and Rs.73,900/- respectively. Being dissatisfied with the quantum of compensation, the claimants preferred the present appeals. The legal issues involved were whether the compensation awarded by the Tribunal was just and proper, and whether the Tribunal erred in assessing the income of the claimants and the extent of disability. The appellants argued that the Tribunal had assessed the income at a meager amount and failed to award compensation for future loss of income, pain and suffering, and other heads adequately. The respondents supported the Tribunal's award. The court analyzed the evidence and found that the Tribunal had erred in assessing the income of the claimants. The court assessed the income of the pillion rider at Rs.4,500/- per month and the driver at Rs.3,000/- per month. The court also awarded compensation for future loss of income by applying the multiplier method based on the age of the claimants and the percentage of disability. The court enhanced the compensation for pain and suffering, medical expenses, conveyance, special diet, and loss of amenities. The court allowed the appeals and enhanced the compensation accordingly.
Headnote
A) Motor Accident Claims - Compensation for Injuries - Assessment of Income - The Tribunal erred in assessing the income of the claimants at Rs.3,000/- per month without any basis, whereas the claimants had produced evidence of income. The High Court assessed the income of the pillion rider at Rs.4,500/- per month and the driver at Rs.3,000/- per month based on the evidence on record. (Paras 5-7) B) Motor Accident Claims - Compensation for Injuries - Future Loss of Income - The Tribunal failed to award compensation for future loss of income despite evidence of permanent disability. The High Court awarded future loss of income by applying the multiplier method based on the age of the claimants and the percentage of disability. (Paras 8-10) C) Motor Accident Claims - Compensation for Injuries - Pain and Suffering - The Tribunal awarded inadequate compensation for pain and suffering. The High Court enhanced the same considering the nature of injuries and period of hospitalization. (Para 11) D) Motor Accident Claims - Compensation for Injuries - Medical Expenses - The Tribunal awarded medical expenses based on bills produced. The High Court upheld the same but also awarded additional amounts for conveyance, special diet, and loss of amenities. (Paras 12-13)
Issue of Consideration
Whether the compensation awarded by the Tribunal is just and proper, and whether the Tribunal erred in assessing the income of the claimants and the extent of disability.
Final Decision
The appeals are allowed. The impugned judgment and award of the Tribunal is modified. The compensation awarded to the appellant in First Appeal No. 2014 of 2015 is enhanced from Rs.1,13,100/- to Rs.2,50,000/- and in First Appeal No. 2033 of 2015 from Rs.73,900/- to Rs.1,50,000/-. The respondents are directed to pay the enhanced amount with interest at the rate of 9% per annum from the date of filing of the claim petitions till realization.
Law Points
- Motor Vehicles Act
- 1988
- Section 166
- Section 173
- Compensation for injuries
- Negligence
- Rash and negligent driving
- Future loss of income
- Pain and suffering
- Medical expenses
- Conveyance and special diet
- Loss of amenities
