Kanubhai Ranchhodbhai Rabari vs Mahendrasinh Bhairavsinh Parmar & Ors.

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Two First Appeals arising out of a judgment and award dated 31.01.2023 passed by the Motor Accident Claims Tribunal, Mahesana in M.A.C.P. No.125 of 2014 were heard together. The claimant, a policeman aged 28 years, sustained grievous injuries on 15.10.2013 when a loading rickshaw (GJ-2Y-6368) in which he was travelling along with his punctured motorcycle turned turtle near village Devrsan. The claimant filed First Appeal No.1733 of 2023 seeking enhancement of compensation, while the driver of the rickshaw filed First Appeal No.2094 of 2023 challenging the finding of liability imposed upon him jointly with the owner of the rickshaw.

The claimant contended that the Tribunal erred in exonerating the insurance company of the loading rickshaw on the grounds that the driver did not hold a transport vehicle endorsement on his licence and that the claimant was treated as a gratuitous passenger. It was argued that since the unladen weight of the vehicle was below 7,500 kg, no separate endorsement was required as per Mukund Dewangan v. Oriental Insurance Co. Ltd. (AIR 2017 SC 3668), and that the claimant, being a policeman on duty, was entitled to travel in any goods vehicle under Rule 122 of the Gujarat Motor Vehicles Rules, 1989, and was also an authorised representative of the owner of goods under Section 147 of the Motor Vehicles Act, 1988. It was further argued that both vehicles were jointly and severally liable for the accident.

On the question of compensation, the claimant submitted that his monthly income at the time of pronouncement of the Tribunal's judgment had grown substantially from the fixed pay of Rs.5,300/- per month at the time of the accident to approximately Rs.33,509.75/- per month, and urged that the Tribunal ought to have applied the notional income prevailing at the time of judgment for the purpose of calculating compensation. Various precedents were relied upon to challenge the exoneration of the insurance companies and to seek enhanced compensation.

Catchwords: Motor Vehicles Act motor accident claim compensation enhancement gratuitous passenger goods vehicle transport vehicle endorsement joint and several liability policeman on duty insurance coverage loading rickshaw Gujarat Motor Vehicles Rules notional income pay and recover