Compensation enhanced to reflect injury-related pain, loss of amenities, attendant care, and recovery-period income loss.

On 22 June 2022, the appellants were travelling in a Maruti Dzire that went out of control while its driver attempted to avoid an animal and struck a roadside tree. Both appellants sustained injuries. Gangadharappa, the claimant in MVC No. 1073/2022, sustained rib fractures; Kamala, the claimant in MVC No. 1072/2022, sustained serious head, facial and pelvic injuries and underwent surgery.

The Tribunal awarded ₹1,88,200 to Gangadharappa and ₹10,62,200 to Kamala. Both appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement.

The appeals were brought under Section 173(1) of the Motor Vehicles Act, 1988, which provides for appeals from awards of a Motor Accident Claims Tribunal.

Although the Court framed an issue concerning entitlement under the Second Schedule, it did not set out or apply a specific rule from that Schedule in its reasoning. Nor did it cite any precedent.

The Court assessed compensation under the relevant heads by considering the injuries, treatment and recovery period, and left undisturbed the Tribunal’s awards for future earning capacity and medical expenses where it found them adequate.

For Gangadharappa, the Court found that the Tribunal’s awards for pain and suffering, amenities, incidental expenses and loss of income during recovery were inadequate in light of his rib fractures and recovery period. It enhanced those amounts while affirming the awards for future earning capacity and medical expenses.

For Kamala, having regard to her serious head and facial injuries, surgery, hospitalisation and continuing difficulties, the Court increased compensation for pain and suffering, loss of amenities and attendant, conveyance, food and nourishment expenses. It considered the awards for future earning capacity, medical expenses and laid-up-period income adequate and left them unchanged.

The enhanced amounts carry interest at 6% per annum from the date of the claim petition until realisation, but no interest is payable for the delayed period in filing the appeals. The insurer was directed to deposit the compensation with accrued interest before the Tribunal within eight weeks of receiving the certified judgment.