Motor Accident Claims: Minimum Wage Notional Income Mandatory for Unskilled Labourers.

The claimant, Smt. Sangeeta Prajapati, filed an appeal for enhancement of compensation against the judgment and award passed by the learned 3rd Additional Motor Accident Claims Tribunal, Rajnandgaon, in Claim Case No. 84/2022 dated 21.02.2023

On November 26, 2021, the claimant, a pillion rider, sustained injuries, including multiple fractures to her left leg, femur, and fibula bone of her right leg, and femur bone of her left leg, when an Innova car driven rashly and negligently by Respondent No. 1 dashed into the motorcycle she was on

The Tribunal awarded Rs. 7,51,651/- with 6% interest per annum

The claimant had sought Rs. 1,96,00,000/-

The medical documents indicated multiple fractures, a bone of the left leg divided into four parts, a cut injury below the heel of the left leg, and a fracture of the femur bone of the right leg

A permanent disability certificate (Ex. P/9) issued by the District Medical Board, Rajnandgaon, showed 48% permanent disability, with both knees partially stiff and proper calcification

Dr. Rajesh Sadani, a member of the medical board, proved the certificate, which was valid for one year and six months from August 27, 2020

The Tribunal assessed the functional disability at 25% and this finding was not challenged

1. Whether the learned Tribunal erred in assessing the notional income of the claimant at Rs. 9,000/- per month, when the minimum wage for an unskilled labourer in November 2021 was Rs. 9,280/-

2. Whether the learned Tribunal granted a meager amount for pain and suffering and failed to grant separate compensation for attendant charges

The court applied the principles of the Motor Vehicles Act, 1988, for assessing compensation in motor accident claims, specifically regarding the determination of notional income, future prospects, and compensation under conventional heads such as pain and suffering and attendant charges

The court also considered the minimum wage rates applicable to unskilled laborers

The assessment of functional disability by the Medical Board, unchallenged by the respondents, was treated as final

The court found that the Tribunal erred in assessing the claimant's notional income at Rs. 9,000/- per month, as the minimum wage for an unskilled labourer in November 2021 was Rs. 9,280/-, and this higher figure should have been used

The Tribunal had correctly added 25% for future prospects and applied a multiplier of 15 given the claimant's age, and these calculations were upheld

The court agreed that the compensation for pain and suffering at Rs. 15,000/- was meager given the multiple fractures and 48% permanent disability suffered by the claimant, necessitating reconsideration

Furthermore, the Tribunal failed to grant separate compensation for attendant charges, which the court deemed appropriate to grant

The compensation for medical expenses (Rs. 2,70,651/-), loss of earning during treatment (Rs. 36,000/-), and special diet (Rs. 15,000/-) were upheld as adequate and unchallenged

The court enhanced the claimant's notional income from Rs. 9,000/- to Rs. 9,280/-, leading to a revised income calculation

The compensation for pain and suffering was enhanced from Rs. 15,000/- to Rs. 50,000/-

Additionally, Rs. 10,000/- was granted for attendant charges

The total compensation awarded was enhanced from Rs. 7,51,651/- to Rs. 8,09,251/-

The Insurance Company was directed to deposit the additional amount of Rs. 57,600/- with interest at 6% per annum within 60 days from the date of receipt of the order, but the appellants were not entitled to interest for the delay in filing the appeal

The rest of the conditions of the impugned award remained intact