The main legal point established in the judgment is the requirement to consider permanent disablement and loss of future income in awarding just and reasonable compensation in motor accident claims.

JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. The present Appeal is filed by the appellant-original claimant seeking enhancement of the compensation amount awarded by the Motor Accident Claims Tribunal (Aux), Fast Track Court No. 2, Vadodara, (hereinafter referred to as “the Tribunal”) vide impugned judgment and award dated 16.10.2007 passed in M.A.C.P. No. 210 of 2002, whereby the Tribunal has partly allowed the claim petition and awarded a sum of Rs. 3,25,000/-.

2. Brief facts giving rise to the present appeal are that, on 04.02.2003, the present appellant was the drive of the Luxury Bus bearing registration No. GJ-17-W-9832 and was going on a tour with passengers to Himachal Pradesh. On 24.05.1999, when the appellant reached Vaknagadh in Himachal Pradesh, at that time, respondent No. 1-driver of another Luxury Bus bearing registration No. HP-07-3476 coming from opposite direction in a rash and negligent manner with excessive speed, suddenly dashed with the bus of the appellant. Due to this accident, the appellant sustained serious injuries and got severe fractures on right femur and left leg. The appellant was operated thrice by inserting plates and screws. The accidental injuries resulted into permanent disablement of 57.03% (body as a whole) on left and right leg. Hence, the appellant-original claimant has filed M.A.C.P. No. 210 of 2002 before the Tribunal. The Tribunal, after evaluating the pleadings and evidence tendered by the parties, partly allowed the claim petition and awarded a sum of Rs. 3,25,000/- under different heads as against the claim of Rs. 7,00,000/-.

3. It came to be held by the Tribunal that said amount was ordered to be awarded to the deponents. Not being satisfied with the compensation amount, this appeal has been filed.

4. Heard Mr. Hiren M. Modi, the learned counsel appearing for the appellant, Mr. Sunil B. Parikh, the learned counsel appearing for respondent No. 3-National Insurance Co. Ltd. and Ms. Hina Desai, the learned counsel appearing for respondent No. 5-United India Insurance Co. Ltd.

5. Mr. Hiren Modi, the learned counsel appearing for the appellant has submitted the same facts which are narrated in the memo of appeal. He has submitted that the Tribunal has not properly appreciated the income of the appellant while determining the quantum. He further submitted that the Tribunal has committed an error by not considering the permanent partial disablement as the appellant sustained severe fractures on right and left leg and because of that his enjoyment of life is also not considered in its true and perspective spirit by the Tribunal. He further submitted that the Tribunal has also committed an error by not applying proper multiplier. He further submitted that at the time of accident, the lower court has failed to consider prospective income and adverse effect on the said prospective income and hence, the Tribunal has committed an error on all other grounds raised in the memo of appeal and has sought modification of the impugned judgment and award and enhancement of the compensation awarded by the Tribunal.

6. As against that Mr. Sunil B. Parikh and Ms. Hina Desai, the learned counsels appearing for the respective Insurance Company have supported the impugned judgment and award passed by the Tribunal and submitted that the award passed by the Tribunal is just and proper and, therefore, no interference is called for.

7. Having considered the averments made in the appeal, submissions made by the learned counsel appearing for both the sides and considered the facts of the case and perused the record and proceedings, it is true that at the time of accident, the injured was 40 years and sustained serious injuries and severe fractures and therefore, considering all these aspects, the present appeal deserves to be allowed in part and the impugned judgment and award passed by the Tribunal is required to be modi