Compensation Enhanced After Reassessment of Disability, Pain, Amenities, and Future Medical Expenses.

The claimant appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal for injuries sustained in a road accident on 5 August 2023.

The Tribunal had awarded ₹6,45,337, including compensation for pain and suffering, loss of amenities, loss of income during the laid-up period, medical expenses, future loss of income, and future medical expenses.

The High Court considered the appeal with the consent of the claimant’s counsel and the insurer’s counsel.

Whether the compensation awarded by the Tribunal required enhancement, including reassessment of future loss of income and compensation under other heads.

Whether the claimant was entitled to enhanced compensation payable by the insurer, with interest.

The appeal was brought under Section 173(1) of the Motor Vehicles Act, 1988, which provides for an appeal against an award of a Claims Tribunal.

The Court applied the principles of compensatory assessment under the Act, including calculation of future loss of income by reference to the claimant’s income, age-based multiplier, and assessed whole-body disability.

It cited no precedent or additional statutory provision.

The Court accepted the Tribunal’s use of multiplier 18 for the claimant, aged 19 at the time of the accident, and its assessment of 10% whole-body disability. It adopted a notional monthly income of ₹16,250 rather than ₹16,000, resulting in future loss of income of ₹3,51,000 (₹16,250 × 12 × 18 × 10%).

Given fractures to both bones of the claimant’s left leg, the Court increased compensation for pain and suffering to ₹80,000 and loss of amenities to ₹60,000, and enhanced future medical expenses to ₹30,000 for implant removal.

It also revised compensation for the laid-up period, while leaving medical expenses and attendant, conveyance, food and nourishment expenses unchanged.

The judgment contains inconsistent figures for laid-up-period loss and the revised total: the text states ₹65,000 for four months, while the table records ₹60,000; the table total is ₹7,67,737, while the following text states ₹7,67,767.

The Court directed the insurer to pay enhanced compensation of ₹1,22,400, with interest at 6% per annum from the date of the petition until realization, within six weeks; the claimant was entitled to release of the entire enhanced amount.

The stated enhancement of ₹1,22,400 corresponds to the table total of ₹7,67,737 less the Tribunal’s award of ₹6,45,337, notwithstanding the judgment’s inconsistent laid-up-period and total figures.