#motoraccident

Ravi v. The National Insurance Company Ltd. And Another

Civil Appeal 6739/2023

Before Supreme Court of India

The Supreme Court, allowed the appeal and restored the award of the Tribunal, holding that the High Court erred in applying the multiplier formula for computing disability compensation.

Fact

1. Ravi, the appellant, suffered a head injury and other grievous injuries while riding his bike without a helmet on 28.01.2018 in Thiyadurgam. He filed a claim for disability compensation before the Motor Accident Claims Tribunal, Kallakurichi.     

2.     The appellant was initially treated at Preliminary Health Centre, Thiyadurgam and then at Jipmer Hospital, Pondicherry. He was then shifted to Neuro Foundation Hospital, Salem.

3.     Two Medical Boards examined Ravi as part of the evidence led before the Tribunal.

5.     Eventually, the Tribunal concluded that the appellant was entitled to Rs.13,32,600/- as compensation but since he was not wearing a helmet while driving the bike, 20% and 15% contributory negligence and negligence for travelling without a helmet, respectively was assessed.

6.     Hence, 65% of the assessed amount i.e. Rs.8,66,190/- was awarded to the appellant as compensation.

Award Challenged by Insurance Company by way of Appeal before the Madras High Court

Grounds of Appeal

1. The Tribunal erroneously assessed the functional disability at 100%.

Whereas the Medical Board’s Certificate assessed the appellant’s disability at 45% only.

2. The Madras High Court, vide its order dt. 04.08.2021, accepted the plea taken by the Insurance Company and after assessing the disability at 45%, reduced the compensation amount to Rs. 4,81,065/-.

Observation of the Supreme Court

1.     In the case of Sarla Verma and Others Transport Corporation and Another v. Delhi, reported in (2009) 6 SCC 121, Apex Court laid down the multiplier scheme for computation of disability compensation in claims under Section 166 of the Motor Vehicles Act, 1988 as per the age bracket.

2.     Since the claimant was 50 years old at the time of the accident, he belonged to the 46-50 years age group, which required the application of Multiplier 13.

3.     The claimant’s earning capacity was 6000/- per month.

4.     Accordingly, 6000x12x13 was the formula used by the Tribunal for calculating disability compensation and it was correct as per the guidelines issued in Sarla Case.

5.     High Court assessed disability as 45% and further reduced compensation amount by Rs.2,70,000/-.

6.     There is an arithmetical error in the very computation formula applied by the High Court, the judgment is liable to be set aside.

Seema Bhatnagar

Hit and Run is defined under Section 161 (1) (b) of the Motor Vehicles Act, 1988 as, ““hit and run motor accident” means an accident arising out of the use of a motor vehicle or motor vehicles the identity whereof cannot be ascertained in spite of reasonable efforts for the purpose”

If you have been hurt in a car crash as a driver, passenger, cyclist or pedestrian, immediately following the accident, there are certain things you can do to protect your interests as you may be entitled to a range of compensation benefits.

If you have actually been in a crash, a car accident legal representative recommends these steps to take at the scene. These will certainly aid you to add to everybody's safety, aid figure out responsibility, as well as assist with proof needs to a situation most likely to trial.

Car mishaps are growing in number each year, and it is expected that we will ultimately see 6 million accidents or crashes each year. With a number such as this, it is instead apparent that in your lifetime you will certainly be included in an occurrence at the very least when otherwise more. A vehicle crash provides an overview of adhere to after the occasion to guarantee safety of all entailed, to cover all lawful basis, and to accumulate information in case a car accident legal representative is required.

The initial thing you must do if you are unimpaired is to instantly inspect to see if any individual else is harmed. If you could clearly see an injury, if a person is unable to inform you if she or he is hurt, or if there is any type of uncertainty in any way that there are wounded targets, call emergency situation services quickly. If an individual can stagnate himself, do not relocate him. Moving an auto accident target can contribute to his injuries and in many cases quicken death. Expert clinical technicians trained in mishap website emergency situations will use the proper equipment and also techniques in order to relocate the wounded. https://www.brisbanelawyers.com.au/practice/motor-vehicle-accident/

Unless sustained injuries are devastating, distressing, or life harmful, that is if everyone is up and also strolling as well as talking, go on and move your automobiles from the roadway method. It is a misunderstanding that moving a car ruins proof. You may wish to take a photo before the cars are relocated, yet or else keep the safety and security of passersby in mind, and also leave the road way, automobile mishap attorneys state.

Call the authorities. In non-injury situations, the cops might not come, however do not make that determination yourself. Make the phone call and continue as the dispatcher instructs. Once again, if injuries are not at the center of the situation, take images of everything you see. Skid marks, damages, debris, injuries, broken glass, etc. A car mishap legal representative recommends taking a photo of the permit plates of the vehicles included is an excellent suggestion. Adrenaline, anxiety, and chaos frequently make making a note of plate numbers unstable.

Exchange info. You will need the names, numbers, and also insurance companies along with the insurance agent's get in touch with information to proceed with claims and also cars and truck mishap attorney solutions if they are needed. You need not stay to the scene to report the accident to your insurance coverage firm, and also if you point a lawyer might be necessary, calling the lawyer before divulging anything to either insurance provider is recommended.

What a devastating crash 🏍️