Car-Crash Victim With Lasting Head Disfigurement Gets Compensation Raised To Rs 7.44 Lakh By Madras HC

Kalpana Devi and Saroja, occupants of an Indica car involved in a collision with a Qualis car, sustained injuries and obtained awards of ₹5,23,242 and ₹4,25,426 respectively from the Motor Accident Claims Tribunal, Tirunelveli.

The Tribunal attributed negligence to the Indica driver.

Kalpana, who was pursuing a Ph.D. at the time, sustained head and leg injuries requiring surgery; Saroja, a 55-year-old homemaker, sustained bilateral leg fractures and was assessed as having 55% permanent disability.

Both appealed under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement

The appeals were brought under Section 173 of the Motor Vehicles Act, 1988, which provides for an appeal against an award of a Claims Tribunal

The Court assessed whether the awards adequately compensated the claimants for the consequences of their injuries, including pain and suffering, attendant needs, disability, household services and future medical expenses

The judgment cites no specific precedent or further statutory provision.

For Kalpana, the Court found that her multiple surgeries, serious head injury and lasting disfigurement warranted greater compensation despite the absence of established continuing income loss.

It increased attendant charges from ₹4,000 to ₹25,000 and pain and suffering from ₹50,000 to ₹1,00,000, and awarded ₹1,00,000 for future medical expenses and ₹50,000 for mental agony and the lasting adverse impact on her appearance

For Saroja, it allowed ₹50,000 for five months’ loss of household services, increased attendant charges to ₹10,000 and pain and suffering to ₹50,000, and reassessed permanent disability compensation at ₹3,000 per percentage, or ₹1,65,000 for 55% disability

Kalpana’s award was enhanced from ₹5,23,242 to ₹7,44,242, and Saroja’s from ₹4,25,426 to ₹5,57,426, with interest at 7.5% per annum from the respective claim-petition dates.

The insurer was directed to deposit the enhanced sums, after credit for amounts already deposited, within eight weeks of receiving the judgment; the claimants were permitted to withdraw their respective amounts in accordance with law.

No costs were ordered