Compensation enhanced to reflect injury severity, recovery period, and 67-day hospitalization.

The claimant appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement of compensation awarded for injuries sustained in a road accident on 3 February 2022.

The Tribunal had awarded ₹7,08,877, including ₹2,97,600 for loss of future income due to disability, ₹50,000 for pain and suffering, ₹20,000 for loss of amenities, ₹20,000 for laid-up-period income, ₹20,000 for attendant, diet, nourishment and conveyance expenses, and ₹3,01,277 in medical expenses.

The claimant sought enhancement; the appeal was heard with the consent of counsel for the claimant and the insurer.

1. Whether the Tribunal’s assessment of compensation for loss of future income due to permanent disability required interference.

2. Whether the amounts awarded for pain and suffering, loss of amenities, laid-up-period income, and attendant, food and nourishment expenses were inadequate and should be enhanced.

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

The Court assessed compensation by reference to the claimant’s proved injuries, disability evidence, age, income, period of hospitalisation and reasonable recovery period.

No precedent or additional statutory provision was cited in the judgment.

The Court upheld the Tribunal’s assessment of 10% whole-body disability, monthly income of ₹15,500 and multiplier of 16, finding the resulting ₹2,97,600 for loss of future income just and proper.

In light of the claimant’s injuries, it increased pain-and-suffering compensation to ₹80,000 and loss-of-amenities compensation to ₹50,000.

It allowed three months’ income for the laid-up period, raising that award to ₹46,500, and, given the 67-day hospital admission, increased attendant, food and nourishment expenses to ₹67,000.

Medical expenses remained unchanged.

The Court fixed total compensation at ₹8,42,377, an enhancement of ₹1,33,500 over the Tribunal’s award, with interest at 6% per annum from the date of the petition until realisation.

The insurer was directed to deposit the enhanced amount and interest before the Tribunal within six weeks, and the claimant was entitled to release of the entire enhanced compensation.