Ram Savraj Shakhra vs Punshi Palu Charan & Ors

Hasmukh D. Suthar, J

1) Feeling aggrieved and dissatisfied with the judgment and award dated 04.04.2022 passed by learned Motor Accident Claims Tribunal (Main), Kachchh at Bhuj (which shall hereinafter be referred to as "the Tribunal" for short), in Motor Accident Claim Petition No.365 of 2013, the appellant – original claimant has preferred the present appeal under Section 173 of the Motor Vehicles Act, 1988 (which shall hereinafter be referred to as "the Act" for short).

2) Heard Mr. H. M. Modi, learned Advocate for the appellant – original Claimant and Ms. K. N. Bhatt, learned Advocate for respondent – Insurance Company. Perused the original record and proceedings.

3) It is the case of the appellant that on 19.08.2013 the applicant and his brother were travelling on the motorcycle and were going to their home from agricultural farm, when they reached near the place of accident the brother of the applicant parked the motorcycle on the extreme left side of the road and at that time the driver of Auto-Rickshaw D Van bearing Reg. No.GJ-01-BX-9478, came in rash and negligent manner and hit the applicant who was standing near motorcycle. As a result of which the applicant sustained serious injuries which later resulted into permanent partial disablement. Therefore, the appellant has filed MAC Petition seeking compensation, wherein, the learned Tribunal after appreciating the evidence has partly allowed the claim petition.

4) The appeal is filed on limited ground that the learned Tribunal has committed error by allowing Rs.1,54,000/- towards future loss of income, Rs.20,000/- towards PSS, Rs.10,000/- towards attendant charges, transportation and rich diet and Rs.20,000/- towards transportation charges, however, as injured was minor i.e. 14 years old at the time of accident who suffered 17% disability body as a whole the learned Tribunal ought to have passed the award for compensation of Rs.3,00,000/- in light of the case of Master Mallikarjun vs. Divisional Manager, The National Ins. Co. Ltd., reported in (2014) 14 SCC 396. Further, medical expenses of Rs.4,15,000/- is awarded by the Tribunal is also required to be considered over and above the said amount.

5) It is undisputed fact that the factum of incident and disability remained unchallenged and the limited challenge is given in the present appeal is that though minor has sustained 17% disability amount of Rs.2,04,000/- is awarded under different heads which is required to be awarded Rs.3,00,000/- as per the judgment of the Hon’ble Apex Court in case of Master Mallikarjun (supra) in para 12 held which reads as under:

“Though it is difficult to have an accurate assessment of the compensation in the case of children suffering disability on account of a motor vehicle accident, having regard to the relevant factors, precedents and the approach of various High Courts, we are of the view that the appropriate compensation on all other heads in addition to the actual expenditure for treatment, attendant, etc., should be, if the disability is above 10% and upto 30% to the whole body, Rs.3 lakhs; upto 60%, Rs.4 lakhs; upto 90%, Rs.5 lakhs and above 90%, it should be Rs.6 lakhs. For permanent disability upto 10%, it should be Rs.1 lakh, unless there are exceptional circumstances to take different yardstick.”

6) Herein the disability is more than 10% and for the permanent disability upto 10% which is required to be awarded Rs.1 lakh as body as whole if the disability is above 10% upto 30% then Rs.3 lakhs is required to be awarded. In view of above without discussing further about the merits and factum of accident as limited challenge is given in the present appeal the awarded compensation of Rs.2,04,000/- is enhanced to Rs.3,00,000/-. Whereas, the amount of Rs.4,15,000/- towards medical expense as awarded by the Tribunal is just and proper. Therefore, the appellant is entitled to receive additional amount of Rs.96,000/- with proportionate costs and interest as awarded by the learned Tribunal.

7) Hence, present appeal is allowed. The judgment and award dated 04.04.2022 passed by learned Motor Accident Claims Tribunal (Main), Kachchh at Bhuj , in MAC Petition No.365 of 2013 stands modified to the aforesaid extent. Rest of the judgment and award remains unaltered. The respondent No.3 – Insurance Company shall deposit said additional amount of Rs.96,000/- along with interest as awarded by the Tribunal, before the Tribunal within a period of four weeks from the date of receipt of this order. Record and proceedings be remitted back to the concerned Tribunal forthwith.

8) The learned Tribunal is directed to recover or deduct the deficit court fees on enhanced amount and thereafter disburse the amount accordingly.

9) Award to be drawn accordingly.