Accident Victim’s Family Gets Rs1.24 Lakh More, But Bombay HC Rejects Higher Medical Claim Without Supporting Documents

The appeal concerned the quantum of compensation awarded by the Motor Accident Claims Tribunal, Thane, for injuries sustained by P. R. Balakrishnan in an accident on 15 March 1987.

He filed a claim under Sections 110A and 92A of the Motor Vehicles Act, 1939, and died during its pendency on 2 May 1995.

His widow gave evidence regarding expenses incurred during his prolonged period of disability, including medical expenses.

The Tribunal awarded Rs. 6,35,000 with interest at 9%; his legal representatives appealed, contending that the compensation was inadequate.

The Tribunal had not been provided supporting documents for the claimed additional medical expenses, and the claim petition was amended only in its title after Balakrishnan’s death.

The claim was brought under Sections 110A and 92A of the Motor Vehicles Act, 1939, as identified by the Court.

Applying National Insurance Co. Ltd. v. Pranay Sethi, the Court treated future prospects and conventional heads of compensation according to the principles stated in that decision.

It applied a 50% addition for future prospects for a deceased aged about 38 and assessed consortium at Rs. 48,000, loss of estate at Rs. 18,000, and funeral expenses at Rs. 18,000.

The Court also required supporting documentary material to justify enhancement of medical expenses.

The Court found no basis to increase the amounts awarded for special diet and conveyance, or medical expenses.

Although the widow claimed a total of Rs. 2,00,000 under various heads, the Court noted that the medical-expense claim was unsupported by documents and that the claim petition had not otherwise been amended after Balakrishnan’s death.

It therefore declined to enhance medical expenses.

It recalculated loss of dependency by adding 50% for future prospects and revised the conventional heads in accordance with Pranay Sethi, while leaving the awards for pain and suffering, special diet and conveyance, and medical expenses unchanged.

It directed the respondents jointly and severally to pay the claimants an additional Rs. 1,24,000, with interest at 9% per annum from the date of the claim petition until payment.

The respondents were directed to deposit the amount before the Tribunal within 10 weeks, and the Tribunal was directed to distribute it among the claimants.

The claimants were directed to pay the additional court fee.