Income of self-employed claimant reassessed based on business registrations to enhance disability compensation and conventional heads.

On March 13, 2017, the appellant, a cement distributor, sustained serious injuries when his motorcycle (GJ-25-8919) was hit from behind by a metador (GJ-7-V-9505) driven in a rash and negligent manner.

The Motor Accident Claims Tribunal (MACT), Ahmedabad, partly allowed the claim (MACP No. 770/2003), awarding Rs. 87,940/- with 9% interest.

The appellant challenged this award before the High Court of Gujarat solely on the ground of quantum, arguing that his income was underestimated and compensation under conventional heads was inadequate.

1. Whether the learned Tribunal erred in assessing the monthly income of the claimant at Rs. 3,000/- despite evidence of his business as a cement distributor.

2. Whether the compensation awarded under the heads of pain, shock, suffering, and other conventional heads requires enhancement based on judicial precedents.

The court followed the principles for calculating "just compensation" under the Motor Vehicles Act.

It relied on National Insurance Company Ltd. v. Pranay Sethi (2017) 16 SCC 680 to award a 10% addition to income towards "future prospects" for a victim aged 52.

It further applied Magma General Insurance Co. Ltd. v. Nanu Ram @ Chuhru Ram (2018) 18 SCC 130 regarding the standardization of compensation under conventional heads.

The court also utilized the "multiplier method" as established in Sarla Verma v. DTC, applying a multiplier of 11 for the age bracket of 52 years.

The High Court found the Tribunal’s income assessment of Rs. 3,000/- too low. It noted that the appellant produced a registration certificate [Exh.32] and sales tax certificate [Exh.33] for "M/s. Mahavir Cement Depot," proving his occupation as a distributor.

Consequently, the Court reassessed his monthly income at Rs. 5,000/-. Applying Pranay Sethi, the Court added 10% for future prospects (Rs. 5,500/- total) and, based on a consensus functional disability of 14% and a multiplier of 11, recalculated future loss of dependency to Rs. 1,01,640/-.

The Court also found the original awards for "pain, shock, and suffering" and "special diet/transportation" insufficient given the hospitalization period, increasing them to Rs. 25,000/- and Rs. 15,000/- respectively.

The appellant is held entitled to an additional sum of Rs. 75,200/- with interest at 9% per annum from the date of the claim petition until realization. The respondent-insurance company was directed to deposit the additional amount within six weeks.