The assessment of compensation for disability must reflect both physical and functional impacts, ensuring fairness and reasonableness in determining just compensation.

CAV JUDGMENT

1) Feeling aggrieved and dissatisfied with the judgment and award dated 23.06.2023 passed by learned Motor Accident Claims Tribunal (Auxi.), Vadodara (which shall hereinafter be referred to as "the Tribunal" for short), in Motor Accident Claim Petition No.677 of 2016, 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. M. M. Hakim, learned Advocate for the appellant – original Claimant and Ms. K. S. Pathak, learned Advocate for respondent – Insurance Company. Perused the original record and proceedings.

3) It is the case of the appellant that on 12.02.2016, in the night when the claimant was returning after attending her friend’s marriage by driving her Activa bearing Reg. No.GJ-06-HA-4952, on correct side of the road and when she reached near SK Mobile Shop, Gorwa, at that time, the opponent no.1 – respondent no.1 by driving his Honda Car bearing Reg. No.GJ- 06-JM-2245, came from Genda Circle in rash and negligent manner and dashed with Activa of the claimant from behind as a result the claimant and his friend sustained grievous injuries on the different part of the body and for the said offence a complaint being I-C.R. No.26/2016 came to be registered with Gorwa Police Station against the opponent no.1 – respondent no.1. Therefore, the appellant had filed MAC Petition seeking compensation. The learned Tribunal after appreciating the evidence produced on record was pleased to partly allowed the claim petition.

4) Learned Advocate Mr. M.M. Hakim, for the appellant – original claimant has submitted that the learned Tribunal has failed to award just and proper compensation and considered the income of the claimant as Rs.5,000/- per month ignoring the evidence on record. Though she was working as cashier in Central Mall and also doing overtime and earning Rs.10,000/- per month and as per salary certificate of the year 2013 the learned Tribunal ought to have considered income as Rs.10,000/- per month. Even the learned Tribunal has committed error by not considering future prospect and not appreciated the fact that the claimant had sustained head injury and multiple fractures of lower limb and disfigurement of the face and awarded least amount towards pain, shock and suffering and loss of amenities. Further he has submitted that the learned Tribunal has committed error in considering 43.25% disablement while considering future loss of income. The learned Tribunal ought to have compounded the future loss and consider assessment of minimum 86.5% disablement, hence, the learned Tribunal has awarded meagre amount towards loss of amenities.

4.1) He has further submitted that the alleged accident took place in the year 2016 therefore at least rate of minimum wages of 2016 is required to be considered. Due to injuries the claimant has suffered loss and by proving her deposition and examining the Doctor proved the disablement and she was hospitalized two times and medical certificate is also considered. The learned Coordinate Bench has passed the order for reassessment of disability of the claimant and Sir Sayajirao General Hospita