Case Note & Summary
The present appeal was filed by the original claimant, Arkhaben Sanjaybhai Solanki, under Section 173 of the Motor Vehicles Act, 1988, aggrieved by the judgment and award dated 07/10/2023 passed by the Motor Accident Claims Tribunal (Main), Panchmahals at Godhra in MACP No.1881 of 2007. The claimant had filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation of Rs.8,00,000/- for injuries sustained in a motor accident that occurred on 13/07/2007. On that day, at about 2:30 p.m., the claimant was standing near the bus-stand of village Bedhiya on the side of the road when opponent no.1 drove a Tempo bearing registration No.GJ-01-AT-6896 in a rash and negligent manner, dashing with the claimant. The claimant sustained severe injuries with fracture, resulting in permanent partial disablement, and incurred high medical expenses. The Tribunal partly allowed the claim petition, awarding Rs.2,66,600/-. The claimant appealed, contending that the compensation was inadequate. The High Court examined the evidence, including medical reports showing 15% permanent disability, and found that the Tribunal had erred in assessing the disability at 10% and in applying the multiplier. The Court held that the claimant, aged 22 years, was entitled to a multiplier of 18 as per the settled law in Sarla Verma v. DTC. The Court recalculated the compensation, enhancing it to Rs.5,00,000/- with interest at 7.5% per annum from the date of the claim petition until realization. The appeal was allowed accordingly.
Headnote
A) Motor Accident Claims - Compensation - Permanent Disability - Future Loss of Income - The claimant sustained severe injuries with permanent partial disablement in a road accident. The Tribunal awarded Rs.2,66,600/- which was challenged as inadequate. The High Court held that the Tribunal erred in assessing the disability at 10% instead of 15% as per medical evidence, and applied the correct multiplier of 18 based on the claimant's age of 22 years. Compensation enhanced to Rs.5,00,000/- with interest at 7.5% per annum. (Paras 1-9) B) Motor Vehicles Act, 1988 - Section 166 - Claim Petition - The claimant filed a petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs.8,00,000/- for injuries sustained in a motor accident. The Tribunal partly allowed the petition. The High Court, on appeal, enhanced the compensation. (Paras 2-3) C) Motor Vehicles Act, 1988 - Section 173 - Appeal - The appeal was filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award of the Tribunal. The High Court allowed the appeal and enhanced the compensation. (Para 1)
Issue of Consideration
Whether the compensation awarded by the Motor Accident Claims Tribunal was just and proper, particularly regarding the assessment of permanent disability and future loss of income.
Final Decision
The appeal is allowed. The impugned judgment and award dated 07/10/2023 passed by the Motor Accident Claims Tribunal (Main), Panchmahals at Godhra in MACP No.1881 of 2007 is modified. The appellant-original claimant is entitled to receive enhanced compensation of Rs.5,00,000/- with interest at 7.5% per annum from the date of the claim petition till realization. The respondents are jointly and severally liable to pay the compensation. The amount already paid shall be adjusted.
Law Points
- Compensation for permanent disability
- Future loss of income
- Multiplier method
- Pain and suffering
- Medical expenses
- Motor Vehicles Act
- 1988
