Appellate court enhances motor accident compensation where awarded sum for injuries is found grossly inadequate.

The appellant/claimant, Surendra Kumar Soni, sustained injuries in a motor vehicle accident involving a vehicle (CG-22/7342) driven by Respondent No. 1 and owned by Respondent No. 2

The appellant filed a claim petition (Claim Case No. H-145/2014) on 15.12.2014

The 3rd Additional Motor Accident Claims Tribunal, Balodabazar, passed an award on 23.10.2019, granting a total compensation of Rs. 1,04,633/-

Dissatisfied with the quantum, the appellant preferred this appeal under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement on the grounds that the award was grossly inadequate relative to the injuries sustained

1. Whether the compensation awarded by the Motor Accident Claims Tribunal was just and reasonable or required enhancement based on the nature of injuries and circumstances of the case

The court primarily applied Section 173 of the Motor Vehicles Act, 1988, regarding appeals against awards passed by Claims Tribunals

It adhered to the principle of "just compensation," which necessitates that the indemnity granted should adequately reflect medical expenses, physical and mental agony, transportation, and special diet (nutritional food) necessitated by accidental injuries

The Court reviewed the Tribunal's itemized award, which consisted of Rs. 92,633/- for medical expenses, Rs. 5,000/- for physical and mental agony, Rs. 5,000/- for transportation, and Rs. 2,000/- for nutritional food

Upon circumspection of the records and the nature of the injuries, the Court determined that the existing award was on the "lower side" and failed to provide equitable relief

The Court concluded that an additional lump sum was necessary to meet the ends of justice, while maintaining the validity of the interest from the date of the original claim application to ensure the claimant was compensated for the delay in adjudication

The Court awarded an additional sum of Rs. 75,000/- over and above the Rs. 1,04,633/- granted by the Tribunal

Respondent No. 3 (The New India Insurance Company Ltd.) was directed to deposit the enhanced amount within 30 days, carrying interest at 7% per annum from the date of the claim application (15.12.2014) until realization