Case Note & Summary
The appellant, Makuben Haribhai Bharvad, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988, seeking compensation for injuries sustained in a motor accident on 23.12.2006. She was walking with others from Bapa-Sitaram temple to Jalaram Bapa temple when a TATA tempo (GJ-10-V-3422) driven rashly by respondent No.1 turned turtle on the group, causing grievous injuries. She suffered fracture of pubic rami, rupture of uterus, and loss of her fetus. The Tribunal awarded Rs. 2,50,000/- with 9% interest. Dissatisfied, she appealed. The High Court considered the severity of injuries, including permanent loss of reproductive capacity, and held that the compensation was inadequate. The Court enhanced the award to Rs. 10,00,000/- under various heads: Rs. 2,00,000/- for pain, shock and suffering; Rs. 2,00,000/- for loss of amenities; Rs. 1,00,000/- for future medical expenses; Rs. 2,00,000/- for loss of fetus; Rs. 2,00,000/- for loss of uterus; and Rs. 1,00,000/- for actual medical expenses. The appeal was allowed accordingly.
Headnote
A) Motor Accident Compensation - Loss of Uterus and Fetus - Assessment of Damages - Motor Vehicles Act, 1988, Section 166 - The appellant, a pregnant woman, suffered grievous injuries in a vehicular accident resulting in loss of her fetus and uterus. The Tribunal awarded Rs. 2,50,000/-. On appeal, the High Court enhanced compensation to Rs. 10,00,000/- considering the permanent disability, loss of reproductive capacity, pain and suffering, and loss of amenities. Held that compensation must be just and reasonable, taking into account the severity of injuries and their impact on the victim's life. (Paras 1-8) B) Motor Accident Compensation - Pain, Shock and Suffering - Loss of Amenities - Motor Vehicles Act, 1988, Section 166 - The Court awarded Rs. 2,00,000/- for pain, shock and suffering, Rs. 2,00,000/- for loss of amenities of life, and Rs. 1,00,000/- for future medical expenses, in addition to other heads. Held that the victim's loss of uterus and child constitutes a grave injury warranting substantial compensation. (Paras 6-8)
Issue of Consideration
Whether the compensation awarded by the Tribunal for loss of uterus and fetus, and other injuries, is just and proper?
Final Decision
Appeal allowed. The compensation is enhanced from Rs. 2,50,000/- to Rs. 10,00,000/- with interest at 9% per annum from the date of filing of the claim petition till realization. The enhanced amount shall be deposited by the Insurance Company within eight weeks.
Law Points
- Compensation for loss of uterus
- Compensation for loss of fetus
- Pain and shock and suffering
- Loss of amenities of life
- Future medical expenses
- Motor Vehicles Act
- 1988 Section 166
