Compensation enhanced for injury-related claims involving temporary disability and non-pecuniary losses under the Motor Vehicles Act.

The Appellant/Claimant suffered injuries in a motor vehicle accident on November 22, 2016, involving a Hyundai Car (CG 07/AB/7002)

A medical certificate (Ex. P-8) established that she suffered 45% disability for a duration of three years

The Chief Motor Accident Claims Tribunal, Raipur, in Claim Case No. 683/2017, awarded a total compensation of Rs. 1,06,315/-

Dissatisfied with the quantum, the claimant preferred this appeal under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement on the grounds that the award was not "just and proper"

Whether the compensation awarded by the Claims Tribunal was "just and proper" or required enhancement based on the nature of injuries and disability suffered?

Section 173 of the Motor Vehicles Act, 1988, which provides the statutory right to appeal against awards of a Claims Tribunal

The concept of "just compensation," which necessitates that the indemnity should adequately cover pecuniary losses (medical expenses, loss of earnings) and non-pecuniary heads (pain and suffering, loss of amenities, future treatment) to restore the victim to the position they would have been in had the accident not occurred

The Court re-examined the evidentiary record, specifically noting the 45% disability for three years as per Exhibit P-8

It found the Tribunal's assessment deficient across several heads. Specifically, the Court increased "Loss of earning during treatment" from Rs. 10,000/- to Rs. 40,000/- and "Pain Sufferings" from Rs. 10,000/- to Rs. 50,000/- to reflect the severity of the injury

the Court introduced and quantified compensation for "Future Treatment" (Rs. 20,000/-) and "Loss of Amenities" (Rs. 20,000/-), which the Tribunal had entirely omitted

Adjustments were also made to "Special Diet" and "Attendant" charges to provide a more realistic assessment of the claimant's needs during recovery

It enhanced the total compensation from Rs. 1,06,315/- to Rs. 2,32,315/-, entitling the appellant to an additional amount of Rs. 1,26,000/-

The Court directed Respondent No. 3 (The Oriental Insurance Company Ltd.) to deposit the enhanced amount within 45 days, carrying interest at 9% per annum from the date of filing the claim application until realization

The appeal was partly allowed