Driver liability upheld for wrong-side driving; future prospects increased to 50% for 36-year-old claimant.

On July 24, 2018, the claimant, Dharmendra Vishwas, was riding his motorcycle when he was struck by a Gujarat State Road Transport Corporation (GSRTC) bus (GJ-18-Z-1588) allegedly driving on the wrong side.

The claimant sustained multiple fractures requiring surgery and prolonged hospitalization.

The Motor Accident Claims Tribunal (MACT), Kheda, awarded Rs. 18,36,500/- at 7.5% interest, holding the bus driver solely negligent.

GSRTC appealed on grounds of contributory negligence and excessive medical compensation, while the claimant cross-appealed for enhancement of quantum regarding future prospects and non-pecuniary damages.

1. Whether the driver of the ST bus was solely negligent for the accident or if the claimant contributed to the negligence.

2. Whether the compensation awarded under the heads of "Medical Expenses," "Future Economic Loss," and "Pain, Shock & Sufferings" was just and proper according to established legal principles.

The court applied the law of torts concerning negligence and the statutory framework of the Motor Vehicles Act for determining "just compensation."

Standardized percentage for "Future Prospects" (50% for self-employed/fixed salary individuals under age 40) as established in National Insurance Company Ltd. v. Pranay Sethi (2017) 16 SCC 680.

Determination of negligence based on the evidentiary value of the FIR (Exhibit 47) and spot Panchnama to determine the duty of care and breach by the larger vehicle.

Regarding negligence, the court rejected GSRTC's plea of contributory negligence, noting that the FIR and Panchnama proved the bus was on the wrong side of a 36-feet wide road; furthermore, the bus driver was charge-sheeted and failed to lodge a counter-complaint.

Regarding quantum, the court upheld the medical expenses of Rs. 4,16,800/- as they were backed by actual bills (Exhibits 51-55).

The court found the Tribunal erred in applying only a 5% increase for future prospects; per Pranay Sethi, the 36-year-old claimant was entitled to a 50% increase on his Rs. 21,000 monthly income.

The court also found the "Pain, Shock & Sufferings" award inadequate given the multiple surgeries and functional disability of 30%, increasing it to reflect the severity of the trauma.

The court dismissed GSRTC’s appeal and allowed the claimant’s appeal in part, ordering GSRTC to deposit the enhanced amount with 7.5% interest within six weeks.