MV Act: If the Disability is Upto 10% Appropriate Compensation on All Other Heads Should be Rs.1 lakh, Rules Gujarat High Court

Recently, the Gujarat High Court ruled that if the disability is upto 10%, appropriate compensation on all other heads in addition to the actual expenditure for treatment, attendant, etc., should be Rs.1 lakh. As referred to herein above, the Tribunal has awarded a sum of Rs.30,000/- under all heads, however, in view of the aforesaid decision of the Apex Court, the Tribunal has manifestly erred in awarding the just compensation and accordingly, this appeal requires favourable consideration.

A SIngle Judge Bench of Justice A.C. Joshi was hearing a First Appeal under Section 173 of the Motor Vehicles Act, 1988 (MV Act) by the appellant – original claimant, challenging the judgment and award dated 22.03.2018 passed in Motor Accident Claim, whereby, against a claim of Rs.1 lakh for the injuries sustained by the original claimant – a minor at the relevant time, in an accident that had occurred on 14.05.2000, the Tribunal has awarded an amount of Rs.30,000/- with 9% interest per annum from the date of filing the claim petition till realization holding the opponents therein jointly and severally liable to pay the compensation. 

The sole contention raised by the advocate for the appellant was that the Tribunal has not considered the Judgment of Supreme Court laid down in the case of  Mallikarjun V. Divisional Manager, The National Insurance Company Limited and Others,, and thereby, has erred in awarding the compensation to the original claimant, who was minor at the relevant time and had suffered 6% disability body as a whole and accordingly, he has urged to enhance the compensation in view of the aforesaid decision as well as on other heads and thereby, to allow this appeal.

After considering the above Judgement the court ruled that:

as per the above pronouncement, if the disability is upto 10%, appropriate compensation on all other heads in addition to the actual expenditure for treatment, attendant, etc., should be Rs.1 lakh. As referred to herein above, the Tribunal has awarded a sum of Rs.30,000/- under all heads, however, in view of the aforesaid decision of the Apex Court, the Tribunal has manifestly erred in awarding the just compensation and accordingly, this appeal requires favourable consideration.

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As such the Court allowed the appeal and directed to pay balance Rs. 75000/-

Case Details:’

AARTIBEN RAMESHSHING TOMAR Versus NASURUDDIN CHANDANBHAI FAKIR

FIRST APPEAL NO. 4179 of 2018

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