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Head Note

Motor Vehicles Act,1988  - Section 168 , Section 173

Quantum of compensation - Appeal for enhancement - Amputation of right leg above knee - Permanent disability suffered at 70 % - Claimant employed as an embroidery worker - Tribunal treated claimant as unskilled person, assessed minimum wages at Rs. 3166/- p.m., applied multiplier of 16 and awarded total compensation of Rs. 4,83,472/- on various heads - High Court enhanced compensation to Rs 6,35,808/- - Earing Rs. 4,500/- p.m. accepted - Both Tribunal and High Court erred in holding claimant that he was unskilled worker - Claimant also entitled to 50% of his income as future increase in income - Income of claimant fixed at rs 6750/- p.m. - Multiplier of 18 applied - Loss of earning capacity along-with future prospects would be Rs 10,20,600/- - Rs 13,500/- awarded for loss of earning for 3 months during treatment - Further Rs 75,000/- for medical expenses, attendant and conveyance, Rs 75,000/- towards loss of marriage prospects, Rs 1,50,000/- for mental agony, pain and suffering, Rs 1,00,000/- for loss of amenities and Rs 25,000/- for cost of litigation awarded - Total Compensation enhanced to Rs 14,59,100/- with interest at 9 % p.a.

Motor Vehicles Act,1988  - Section 171

Interest - Award - Interest awarded at 7 % p.a. - Same enhanced to 9 % p.a. from date of accident till date of realization.

Topic(s)-MACT – Quantum of compensation