The court ruled that future earning potential must be considered when assessing compensation for injured claimants, particularly students, and emphasized the need for adequate compensation for pain and suffering.

JUDGMENT :

MAULIK J.SHELAT, J.

1. All these First Appeals are filed by original claimants under Section 173 of the Motor Vehicles act (hereinafter referred to as ‘the M. V. Act’) challenging the common judgment and award dated 17.03.2022 passed by the Motor Accident Claim Tribunal (Auxilliary – VII) (hereinafter referred to as the tribunal) at Gondal in respective claim petitions.

2. With the joint request of learned advocates appearing for the respective parties, all these appeals are taken up for admission and final hearing.

2.1 Admit. Learned advocate Mr. G. C. Mazmudar waives service of notice of admission for respondent – Future General India Insurance Co. Ltd. (insurer of minibus). Learned advocate Ms. Kirti S. Pathak waives service of notice of admission for respondent - ICICI Lombard General Insurance Co. Ltd. (insurer of Truck). Presence of other respondents not required for adjudication of appeals as insurance companies are not disputing it's respective liabilities.

2.2 Parties are referred as their original position.

3. Short Facts:

3.1 Short facts of claimants' case are that on 15.02.2012, the deceased Niteshbhai Manilal Mistri with other injured claimants were travelling in Mini Bus No.GJ-1CT-4505 as passengers and were going for Darshan to Virpur-Somnath-Dwarka and when the said bus reached on Gondal Rajkot Bye-pass road, near Umwada Chokdi, the driver of Truck No. GJ-3V-9149 came driving his truck from the opposite side in rash and negligent manner, at an excessive speed, without observing traffic rules so as to endanger the human life and ultimately by coming on the wrong side of the road dashed with the Mini Bus No.GJ- 1CT-4505 in which, deceased and other injured claimants were travelling and thus, the accident in question has happened. It is further averred that due to the accident, the deceased died and other claimants sustained fracture and other grievous injuries.

3.2 The legal heirs of deceased and injured claimants have filed their respective claim petitions seeking compensation from driver, owner and insurance company of truck and minibus involved in the accident.

3.3 After appreciating the evidence on record, the tribunal has found driver of truck 70% negligent and driver of minibus 30% negligent for causing accident.

3.4 The tribunal has partly allowed the respective claim petitions by directing all opponents to pay compensation jointly and severely to the claimants.

3.5 Being aggrieved and dissatisfied with the compensation so awarded by the tribunal, out of all claim petitions being filed by the claimants, present appeals are filed in Motor Accident Claim Petition Nos. 171 of 2012, 168 of 2012, 167 of 2012 and 227 of 2012.

3.6 As the facts and happenings of accident are common in all the appeals, this Court would like to consolidate all the First Appeals and to pass common judgment in all appeals as has been done by the tribunal.

First Appeal No.3788 of 2021 in MACP No.171 of 2021

4. The present appeal is filed by the injured claimant who was an engineering student studying in Civil Engineering at the time of accident. It has been pleaded by claimant before the tribunal to consider his notional income to Rs.10,000/- per month being an engineering student. The disability which is sustained by the claimant is agreed to 13% on body as a whole.

4.1 After considering evidence on record, tribunal has considered income of claimant to Rs.7500/- per month and considering 13% agreed disability body as a whole it has awarded Rs.2,10,600/- towards future loss of income. So far as other heads are concerned, tribunal has awarded Rs.7700/- towards medical expenses, Rs.10,000/- for pain, shock and suffering and Rs.8000/- for special diet, attendant charges and transport allowance. In all, tribunal has awarded Rs.2,36,300/-.

5. Learned advocate Mr. Karna Dhomse for original claimant would submit that claimant was studying in Civil Engineering, then considering the judgment of Honourable Apex Court in case of Navjot Singh vs Harpre