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Gujarat High Court Increases Motor Accident Compensation; Includes Loss of Amenities, Functional Disability In Computation
PRIYANKA PREET
11 April 2022 4:51 PM IST
The Gujarat High Court has recently enhanced the compensation granted by the Motor Vehicles Tribunal to the Applicant, working in an agricultural land, computing his "functional disability" to be 100%, after he sustained fracture injuries on both the legs, on head and right hand on being dashed by a Truck while riding his scooter.The Bench comprising Justice Sandeep Bhatt observed that...
The Gujarat High Court has recently enhanced the compensation granted by the Motor Vehicles Tribunal to the Applicant, working in an agricultural land, computing his "functional disability" to be 100%, after he sustained fracture injuries on both the legs, on head and right hand on being dashed by a Truck while riding his scooter.
The Bench comprising Justice Sandeep Bhatt observed that the Tribunal had awarded compensation towards future loss of income. However, considering Applicant's 100% functional disability in terms of the Supreme Court decision in v. Ram Avtar Tomar, the amount of compensation is required to be enhanced.
The brief facts of the case were that the Opponent No. 1 drove his truck in a rash and negligent manner and dashed with the scooter of the Applicant such that the Applicant sustained injuries on various parts of the bodies. Subsequently, he underwent several operations while sustaining fractures on both legs and the head and the right hand. At that point, the Applicant was having agricultural land and was earning INR 1800-2000 per months. Due to this accident, he suffered mental pain, shock and loss of income.
Therefore, the Applicant claimed compensation worth INR 3,00,000 towards loss of income, pain and shock, medicines and special diets. It was also observed that per the disability certificate, the Applicant suffered 75% disability on the right leg and 20% on the left leg. Accordingly, the Tribunal awarded compensation worth INR 1,42,000 with 12% pa to him. However, the Applicant, aggrieved with the inadequacy of the amount, appeal for enhancement by INR 1,50,000.
The Applicant contested that he would not be able to drive his truck which should be considered 100% disability since he will not be able to move his legs and hands freely. Reliance was placed on Mohan Soni v. Ram Avtar Tomar 2012 1 GLH 399 wherein the Claimant was deemed to be 100% disabled and considering his future income, the amount of compensation was increased.
In the instant case, it was contested that the income needs to be pegged at INR 2100 per month while the total number of years remaining for work was 16 years. Accordingly, the total loss of income was worth INR 4,03,200. The Applicant was required to stay in the hostel for about 6 days, as well along with plasters and rod implants.
The Bench noted that the loss of dependency was calculated at INR 25,200 which was multiplied with 16 due to the remaining years of work. Reliance was placed on the Mohan Soni judgement to conclude that a total compensation of INR 5,02,200 was to be awarded while the Tribunal had only awarded INR 1,42,000.
Further, looking to the Syed Sadiq & Ors Vs. Divisional Manager, Uniter India Insurance Company Ltd. (2014) 2 SCC 735, the High Court also awarded some amount towards the loss of amenities. Accordingly, the Bench directed the Insurance Company to deposit an additional sum of INR 3,59,200 with 12% interest.
Case Title: Ishwarlal Kasturlal Pandya vs Ibrahimbhai Farukdin Vohra
Case No.: C/FA/3085/2009
