Court Revises Tribunal's Award, Highlighting Importance of Functional Disability Assessment
In a significant ruling, the Gujarat High Court has enhanced the compensation awarded to a motor accident victim, Rajmohini Damor, by the Motor Accident Claims Tribunal, Vadodara. The court's decision underscores the importance of assessing functional disability separately from physical disability when determining compensation in motor accident cases.
The case stems from a motor vehicle accident on February 12, 2016, when Rajmohini Damor was injured due to the rash and negligent driving of a Honda Car by Shayam Harishbhai Dhokai. The Motor Accident Claims Tribunal had initially awarded Damor compensation based on a mechanical assessment of her physical disability, equating it directly with her loss of earning capacity.
However, upon appeal, the Gujarat High Court, under Justice Hasmukh D. Suthar, recognized the need to differentiate between physical and functional disability. The court pointed out that while physical disability refers to the injury sustained, functional disability pertains to the victim's ability to perform their previous occupational tasks and earn a livelihood. The judgment emphasized that functional disability should be assessed based on the claimant's profession and the impact of the disability on their earning capacity.
The High Court directed a reassessment of Damor's disability by the Medical Board at Sir Sayajirao General Hospital, Vadodara. The Medical Board concluded that Damor had a 27% permanent physical disability for both lower limbs, a significant reduction from the 43.25% assessed by the Tribunal.
Justice Suthar highlighted the necessity for tribunals to actively engage in the assessment process, ensuring that medical evidence regarding permanent disability is presented in simple terms and that functional disability is independently assessed. The court further instructed that disability certificates should be issued in accordance with guidelines ensuring uniformity and reliability.
The High Court revised the compensation awarded under several heads, including pain, shock and suffering, special diet, attendance, transportation, and actual loss of income. The total compensation was increased from Rs. 9,26,500/- to Rs. 11,52,593/-, reflecting an additional amount of Rs. 2,26,093/-.
This judgment reinforces the principle that compensation must be just and equitable, avoiding both underestimation and excessive claims. It also sets a precedent for tribunals to adopt a proactive role in injury cases, ensuring that compensation reflects the true impact of disabilities on claimants' lives.
Bottom Line:
Assessment of functional disability in motor accident cases - Tribunal must ascertain claimant's avocation, profession, and nature of work before the accident and assess how permanent disability affects earning capacity. Physical disability and functional disability are distinct and must be analyzed separately.
Statutory provision(s): Motor Vehicles Act, 1988 Section 173
