Compensation enhanced by ₹50,000 for pain and suffering, attendant expenses, and loss of amenities.

On 3 February 2017, the claimant was travelling as a passenger on a bus when a tyre reportedly burst after the bus encountered a road depression, causing her injuries.

She sought compensation before the Senior Civil Judge and Additional MACT, Kundapura.

The Tribunal awarded ₹5,45,601 with interest at 6% per annum.

The claimant appealed under Section 173(1) of the Motor Vehicles Act, seeking enhancement, including on account of disability, pain and suffering, and loss of amenities.

1. Whether the Tribunal’s assessment of compensation, including its treatment of the claimant’s disability, required enhancement.

2. Whether additional compensation was warranted under pain and suffering, conveyance, food, nourishment and attendant charges, and loss of amenities.

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

The judgment cites no further statutory provisions, precedents, or express legal tests. It assesses whether the compensation awarded under the relevant heads required modification in the circumstances of the case.

The Court considered the claimant’s submissions that her disability and resulting limitations, pain and suffering, and loss of amenities had been inadequately compensated.

It nevertheless found the Tribunal’s award appropriate in general and left unchanged the amount for loss of income due to disability.

It enhanced pain and suffering by ₹10,000, conveyance, food, nourishment and attendant charges by ₹20,000, and loss of amenities by ₹20,000.

The total award was enhanced from ₹5,45,601 to ₹5,95,601, an increase of ₹50,000.

The enhanced amount carries interest at 6% per annum from the date of the appeal until realisation, and the Insurance Company was directed to deposit it within six weeks of receiving the certified copy of the judgment.