Case Note & Summary
The appellant, Ramzanbhai Mahammadbhai Shaikh, filed a First Appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the common judgment and award dated 22.05.2018 passed by the Motor Accident Claims Tribunal, Panchmahals at Godhra, in MACP No. 1443 of 2009. The appellant was a driver by profession. On 25.07.2009, while he was traveling in a Tempo bearing No. GJ-09-V-5375 with a cleaner, they stopped near Verama village to assist another tempo with a punctured tyre. At that time, a TATA Sumo bearing No. GJ-21-2171, driven rashly and negligently, dashed into the appellant and the cleaner, causing serious injuries including amputation of the appellant's left leg. A complaint was lodged as I-C.R. No. 82 of 2009. The appellant filed a claim petition seeking compensation. The Tribunal partly allowed the claim, awarding compensation of Rs.5,50,000/- with interest at 9% per annum. The appellant appealed, contending that the Tribunal erred in assessing permanent disability at 45% of the body as a whole instead of 100% functional disability, as the amputation rendered him unable to drive any vehicle. He also argued that the income was assessed at a meager Rs.2,750/- per month without adding future prospects, and that compensation for pain and suffering and future medical expenses was inadequate. The respondents opposed, arguing that the compensation was just and that the claimant had agreed to 45% disability. The High Court, after hearing counsel, held that the Tribunal's assessment of 45% disability was erroneous; given the amputation and the claimant's occupation as a driver, the functional disability should be 100%. The court enhanced the monthly income to Rs.3,000/- (minimum wages) and added 40% future prospects. It enhanced compensation for pain and suffering from Rs.25,000/- to Rs.1,00,000/-, awarded Rs.50,000/- for future medical expenses, and maintained other heads. The total compensation was recalculated, and the appeal was partly allowed, with the enhanced amount payable with interest at 9% per annum from the date of petition.
Headnote
A) Motor Accident Compensation - Functional Disability - Amputation of Leg - In cases of amputation of a limb, the functional disability may be 100% even if the physical disability is assessed at a lower percentage, especially when the claimant's occupation (driver) is affected - The court held that the Tribunal erred in applying 45% disability and should have considered 100% functional disability (Paras 4-6). B) Motor Accident Compensation - Future Prospects - Minimum Wages - The Tribunal's assessment of monthly income at Rs.2,750/- was upheld as per minimum wages, but 40% future prospects should be added as per settled law - The court enhanced compensation under this head (Paras 4, 6). C) Motor Accident Compensation - Pain and Suffering - The amount of Rs.25,000/- awarded by the Tribunal was inadequate; enhanced to Rs.1,00,000/- considering the amputation and prolonged treatment (Para 6). D) Motor Accident Compensation - Future Medical Expenses - The Tribunal failed to award any amount; the court awarded Rs.50,000/- for future medical treatment and incidental expenses (Para 6).
Issue of Consideration
Whether the Tribunal erred in assessing permanent disability at 45% of the body as a whole instead of 100% functional disability due to amputation of left leg, and whether the compensation awarded under various heads was just and proper.
Final Decision
Appeal partly allowed. Compensation enhanced. Tribunal's award modified: monthly income Rs.3,000/- with 40% future prospects; 100% functional disability; pain and suffering enhanced to Rs.1,00,000/-; Rs.50,000/- for future medical expenses. Enhanced amount payable with 9% interest from date of petition.
Law Points
- Motor Vehicles Act
- 1988
- Section 173
- Just Compensation
- Functional Disability
- Future Prospects
- Minimum Wages
- Pain and Suffering
