After 76-Day Hospitalisation And 53% Disability, Gujarat HC Adds Rs 2.04 Lakh To Injured Pillion Rider’s Compensation

On 30 July 2009, the appellant was injured while riding as a pillion passenger in a motorcycle–truck collision. She sustained multiple fractures and suffered 53% permanent disability; the Tribunal assessed compensation at Rs. 8,81,600.

On her appeal, she challenged the amounts awarded for pain, shock and suffering and sought compensation for loss of amenities. The insurer had not appealed the award for loss of future earnings.

The judgment cites no statute or precedent. It applies the compensatory principle that damages under relevant heads should reflect the claimant’s injuries, treatment and resulting disability.

It also leaves undisturbed the accepted award for loss of future earnings and the Tribunal’s assessment of medical expenses.

The Court considered the appellant’s 76-day hospitalisation, surgical procedures and fractures to her tibia, fibula, pelvic rami and ribs, and found Rs. 25,000 inadequate for pain, shock and suffering; it enhanced that amount to Rs. 1,00,000.

In view of the same hospitalisation period, it increased the amount for special diet, attendant and transportation expenses from Rs. 20,000 to Rs. 50,000. Because the Tribunal had awarded nothing for loss of amenities despite the appellant’s 53% permanent disability, the Court awarded Rs. 1,00,000 under that head. It affirmed the medical-expense award and did not reconsider loss of earnings.

The insurer was directed to deposit the enhanced amount within eight weeks, for disbursement to the appellant through NEFT/RTGS after verification.