Gujarat High Court Raises Compensation for Advocate Injured in 1992 Truck Accident to ₹6.19 Lakh

The Gujarat High Court has enhanced compensation awarded to an advocate who suffered serious injuries after a truck ran over him in 1992, raising the total amount to ₹6.19 lakh. The court also awarded ₹1.5 lakh separately for loss of marital life and directed that interest at 9% per annum be calculated from the date the compensation petition was filed.

Justice J C Doshi held that the loss of marital life should be treated as a separate head of compensation rather than being included within damages for pain, shock and suffering.

The accident occurred on June 23, 1992, when the petitioner was travelling on his scooter from Kamrej towards a bridge over the Tapi river in Surat. A truck allegedly struck his scooter from behind, and its rear wheel ran over both the vehicle and the petitioner. The truck driver's negligence was not disputed before the High Court.

The advocate, who was 32 years old at the time, said the accident caused a pelvic fracture and urethral injury, significantly affecting his ability to work and his marital life. He had sought ₹10 lakh in compensation.

In July 2014, the Motor Accident Claims Tribunal in Surat awarded ₹3.42 lakh, assessing his monthly income at ₹1,800 and his disability at 24% of the body. The Tribunal did not grant compensation for future prospects or loss of marital life.

The High Court found that the income assessment did not adequately account for the petitioner's profession. Taking into consideration his enrolment as an advocate, age and testimony, it assessed his monthly income at ₹2,500.

The court awarded ₹1.5 lakh for loss of marital life and increased compensation for pain, shock and suffering from ₹25,000 to ₹50,000. The revised award also covered medical expenses, special diet, transportation, attendant expenses and loss of income.

The total compensation was enhanced to ₹6,19,460, an increase of ₹2,77,432 over the Tribunal's award.

The High Court further directed the insurer to deposit the enhanced amount with 9% annual interest within 12 weeks of receiving the order. Interest on the entire compensation is payable from the date the claim petition was filed until realisation.