SHAILABEN DINESHKUMAR MODI Vs. GHANSHYAMBHAI MANSING KORI

JUDGEMENT

(1.) Appeal is filed by the original claimant for enhancement of the compensation awarded to her by the impugned judgment and award dated 31.12.2001 passed by the Motor Accident Claims Tribunal, Ahmedabad in MACP No.93 of 1992. On 19.08.1991, the claimant was travelling in a scooter as a pillion rider when the accident in question occurred resulting into bodily injuries. She suffered fractures in both legs, had to be treated as an indoor patient for extensive period. She had to undergo operations. According to the medical evidence, she had suffered permanent partial disability of 23%. However, parties before the Claims Tribunal on consensus had agreed to adopt disability of 13%. The claimant had claimed Rs. 3 lacs by way of total compensation. The Claims Tribunal granted compensation of Rs. 59,000/- under different heads such as pain, shock and suffering, medical expenses, transportation and special diet and attendant charge, loss of actual income and loss of amenities of life. The case of the claimant was that she was engaged in the business of selling spices. She had produced books of accounts for the last three years. She had roughly income in the vicinity of Rs. 15,000/- to Rs. 20,000/-. The Claims Tribunal had believed that her income to be Rs. 1,500/- on the date of the accident and therefore, for six months inactivity, awarded Rs. 9,000/- by way of actual loss of income. Curiously, however, the Tribunal did not award any amount for future loss of income. The Tribunal did not accept version of the claimant that due to the injuries, she was forced to stop the work. The Tribunal observed that there is no evidence whatsoever to show that her physical disability has resulted into stoppage or closure of her business or that she was unable to do any other work. The Tribunal further observed that "In that view of the matter, the applicant cannot be awarded any amount under the head of future economic loss. However, it appears that she must be experiencing difficulties in her routine activities of sitting cross legged, standing for a long time etc. as a result of the said accidental injuries".

(2.) Having recognised that the claimant had suffered permanent partial disability, which would also hamper her normal movements, the Tribunal, in my opinion, committed a serious error in not awarding any compensation for future loss of income only on the ground that there was no evidence to establish that the claimant was forced to abandon her business activities due to the injuries or that she could not have done any other work. It was not even the case of the claimant perhaps that the injuries left her completely unable to do any work. At best, the case of the claimant would be that the injuries would result into diminished capacity to work, which would lead to reduced income. It is true, as argued by the Counsel for the Insurance Company, that it is not possible to precisely judge the fact of the disability on the reduced income of the claimant. In accident claim case therefore Courts always recognise degree of estimation. Merely because it is not possible to arrive at precise reduction in income of the claimant with arithmetic exactitude, would not mean that no compensation is to be awarded under such head.

(3.) The Tribunal believed income of the claimant at Rs. 1,500/- per month on the date of the accident. This was supported by her oral evidence as well as books of accounts which was produced and exhibited before the Tribunal. If that be so, looking to her young age of 33 years, at least 30% increase would have to be recognised for the purpose of computing future loss of income. This would bring the prospective income of the claimant at Rs. 1,950/- per month or Rs. 23,400/- per annum. 13% thereof would be Rs. 3,042/- which can be rounded off to Rs. 3,050/-. She was aged 33 years. As per the case of Sarla Varma, therefore, multiplier of 16 would be applicable. The compensation for future loss of income which was nil under the impugned award therefore would be Rs. 48,800/- (i.e. Rs. 3,050/- multiplied by 16). No further enhancement is needed in any of the other heads. The appellant will therefore receive further sum of Rs. 48,800/- with simple interest at the rate of 8% from the date of the claim petition till actual payment. Such amount may be deposited before the Claims Tribunal latest by 31.12.2015. The accident being old one, the entire amount be released in favour of the claimant.