Tanker driver blinded by ammonia leak gets compensation enhanced to ₹30.68 lakh by Gujarat High Court

The claimant was driving tanker No. GJ-06-VV-4417 from Vadodara to Dahej to offload ammonia gas. While opening the tanker’s valve, pressure caused ammonia gas to escape onto his face, resulting in severe burn injuries and permanent blindness in both eyes, besides other injuries.

He claimed an income of ₹12,000 per month and asserted that he had lost the ability to undertake his specialized occupation of driving tankers carrying hazardous goods.

The Motor Accident Claims Tribunal, Bharuch, assessed his functional disability at 100% but treated him as an unskilled labourer earning ₹4,500 per month and awarded ₹12,76,976, including ₹10,46,976 for future loss of income.

The claimant appealed under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement.

1. Whether the Tribunal erred in assessing the claimant’s income at the minimum-wage rate applicable to an unskilled labourer, despite his work as a driver of a specialized tanker carrying hazardous goods.

2. Whether the compensation awarded under future loss of income, pain and suffering, attendant charges, and related heads was inadequate in view of the claimant’s permanent blindness and 100% functional disability.

3. Whether the claimant was entitled to enhancement of the total compensation and continuation of interest at 9% per annum.

The Court exercised appellate jurisdiction under Section 173 of the Motor Vehicles Act, 1988, to examine the adequacy of compensation.

It applied the principle that income must be assessed realistically having regard to the nature of the claimant’s occupation and the evidence on record, rather than mechanically applying the minimum wage for an unskilled labourer.

Relying on Sushila & Ors. v. Ram Swaroop & Ors., 2023 ACJ 2028, the Court recognized that drivers of heavy-duty vehicles carrying hazardous goods may command a higher notional income even in the absence of documentary proof.

It applied a multiplier of 16 and allowed 40% towards future prospects, referring to Sarla Verma & Ors. v. Delhi Transport Corporation & Anr., (2009) 6 SCC 121.

The Court found that the claimant’s credible testimony and the circumstances of the accident established that he drove a specialized tanker carrying ammonia gas, a hazardous substance, even though he had not produced documentary proof of his special authorization or skill.

Accordingly, the Tribunal’s assessment of ₹4,500 per month as the income of an unskilled labourer was held to be unjustified.

Taking guidance from Sushila, the Court fixed the claimant’s monthly income at ₹10,000, added 40% for future prospects, and applied the multiplier of 16, resulting in ₹26,88,000 for future loss of income.

Since the claimant had suffered complete and permanent loss of vision in both eyes and 100% functional disability, the Court enhanced pain, shock and suffering from ₹1,00,000 to ₹2,00,000 and separately awarded ₹1,10,000 for attendant charges.

It retained ₹50,000 for special diet and transportation and ₹20,000 for medical expenses. The Tribunal’s separate award of ₹60,000 for actual loss of income was deleted because, in a case of 100% functional disability, the loss of income was comprehensively assessed as future loss of income.

The total compensation was enhanced from ₹12,76,976 to ₹30,68,000, resulting in an enhancement of ₹17,91,024.

The enhanced amount was directed to carry interest at 9% per annum from the date of the claim petition until realization.

The Insurance Company was directed to deposit the enhanced compensation within eight weeks, after which the entire amount was to be disbursed to the claimant subject to deduction of any deficit court fees and due verification.