Jakir Hussein Vs. Sabir & Ors.
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Head Note
Motor Vehicles Act,1988 - Section 168
Compensation - Injury Case - Future Medical Treatment - Keeping in mind his medical condition and future medical needs and requirements, a further sum of Rs.2,00,000/- awarded in favour of the appellant.
Motor Vehicles Act,1988 - Section 168
Compensation - Future Loss of Income - As per the notification issued by the State Government of Madhya Pradesh under Section 3 of the Minimum Wages Act, 1948, a person employed as a driver earns Rs.128/- per day - The wage rate as per the minimum wage notification is only a yardstick and not an absolute factor to be taken to determine the compensation under the future loss of income - State Government Notification alone may at times fail to meet the requirements that are needed to maintain the basic quality of life since it is not inclusive of factors of cost of living index -Held that it would be just and reasonable to consider the appellant's daily wage at Rs.150/- per day (Rs.4,500/- per month i.e. Rs.54,000/- per annum) as he was a driver of the motor vehicle which is a skilled job.
Motor Vehicles Act,1988 - Section 168
Compensation - Injury Case - Doctor has assessed the permanent disability of the appellant at 55% - The appellant is a driver and driving the motor vehicle is the only means of livelihood for himself as well as the members of his family - High Court has clearly observed that his right hand was completely crushed and deformed - Therefore, clearly when it comes to loss of earning due to permanent disability, the same may be treated as 100% loss caused to the appellant since he will never be able to work as a driver again - The contention of the respondent Insurance Company that the appellant could take up any other alternative employment is no justification to avoid their vicarious liability - Loss of earning determined at Rs.54,000/- per annum - Thus, by applying the appropriate multiplier as per the principles laid down by this Court in the case of Sarla Verma, the total loss of future earnings of the appellant will be at Rs.54,000 X 16 = Rs.8,64,000/-.
Motor Vehicles Act,1988 - Section 168
Compensation - Injury Case -Pain and Sufferings - A sum of Rs.1,50,000/- awarded towards the pain, suffering and trauma which will be undergone by the appellant throughout his life - Further, as he is not in a position to move freely, additionally award Rs.1,50,000/- towards loss of amenities & enjoyment of life and happiness - An amount of Rs.20,000/- towards special diet, Rs.40,000/- towards attendant expenses during the period of treatment and Rs.20,000/- towards transportation and a sum of Rs.40,000/- towards costs incurred during pendency of the appeal.
Topic(s)-MACT - Compensation enhanced