Chhattisgarh HC Raises Skull-Fracture Victim’s Compensation By ₹1.05 Lakh, Adding Awards For Lost Income, Pain And Future Medical Costs

The claimant sustained injuries, including a skull fracture, in a road accident on 20 March 2020 and was hospitalised for about seven days.

The Claims Tribunal awarded him ₹82,917, comprising medical expenses, but made no award for pain and suffering, attendant, special diet and transportation, loss of income during treatment, or future medical expenses.

He appealed under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement; the insurer opposed the appeal.

Section 173 of the Motor Vehicles Act, 1988, provides the basis for an appeal against an award of the Claims Tribunal.

The Court applied no cited precedent or separately stated statutory formula for quantifying compensation. It assessed the additional compensation by reference to the claimant’s injuries, hospitalisation and resulting loss of income during treatment.

The Court found that the claimant’s skull fracture would have caused some loss of income during treatment, for which the Tribunal had made no provision.

Considering the fracture and the seven-day hospital stay, it assessed ₹35,000 for loss of income during treatment, ₹25,000 for pain and suffering, ₹25,000 for attendant, special diet and transportation, and ₹20,000 for future medical expenses. It left the Tribunal’s ₹82,917 medical-expense award unchanged.

The total compensation was enhanced from ₹82,917 to ₹1,87,917, entitling the claimant to an additional ₹1,05,000, with interest at 6% per annum from the date of filing the claim application until realisation. The remaining conditions of the Tribunal’s award were left intact.