Absence of permanent disability or medical evidence of injury severity precludes enhancement of motor accident compensation.

On May 31, 2023, the appellant/claimant was riding a motorcycle with his wife when they were struck by a truck (Truck No. CG-07-CE-9920).

The appellant sustained a head injury and a fracture of the right leg below the knee, resulting in two periods of hospitalization totaling 46 days.

He filed a claim seeking Rs. 34,80,000/- compensation.

The First Additional Motor Accident Claims Tribunal, Balodabazar, awarded a total of Rs. 3,54,938/- with 9% interest.

The appellant filed this appeal seeking enhancement, primarily for future medical expenses and higher compensation for pain and suffering.

Whether the delay of 63 days in filing the appeal should be condoned.

Whether the compensation awarded by the Tribunal was "just and proper" or required enhancement due to the nature of injuries and lack of future medical expenses.

The court applied Section 173 of the Motor Vehicles Act, 1988, which provides for appeals against awards passed by Motor Accident Claims Tribunals.

It followed the general principle that the burden of proof lies with the claimant to establish the extent of "permanent disability" and "future medical necessity" through expert medical evidence, typically by examining the treating physician.

The court also applied the doctrine of "just compensation," ensuring that the quantum covers various heads including loss of earning, medical expenses, pain and suffering, and nursing/attendant care.

The Court first condoned the 63-day delay, accepting the reasons provided by the appellant.

Regarding the quantum of compensation, the Court noted that while the appellant suffered significant injuries (head injury and fracture), he failed to produce or examine a treating doctor to prove any "permanent disability" or the necessity for future treatment.

The record indicated that the appellant eventually became fit after his operations.

The Court found the Tribunal’s assessment of Rs. 600/- per day for loss of earnings over 9 months and the provision for nursing care for the entire 46 days of hospitalization to be reasonable.

Since no disability was proven, the Court held that the Tribunal correctly declined to award future medical expenses.

The Court answered the first issue in the affirmative (condoning the delay) but found no merit in the second issue regarding enhancement.

The appeal was dismissed, and the impugned award was upheld.