Compensation for 45% disability is upheld absent contrary medical evidence.

The claimant, Kannan, alleged that on 10 September 2004 a car insured with the appellant struck his two-wheeler, causing injuries to his head, right leg and left hand.

He sought ₹5,00,000 in compensation.

The Motor Accident Claims Tribunal found the insured vehicle’s driver negligent and awarded ₹1,47,100, including ₹45,000 for 45% permanent disability and ₹46,000 under the injuries head, with interest at 6% per annum.

The insurer appealed, contending that the award—particularly those two amounts—was excessive.

Whether the Tribunal correctly assessed the compensation awarded to the claimant.

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

The judgment cited no precedents or specific statutory formula for assessing compensation.

The Court found that the claimant had sustained a head injury requiring surgery, including a procedure involving a hole in the skull, and had suffered loss of function in his left hand.

The doctor assessed permanent disability at 45%; the insurer produced no contrary medical evidence, and the claimant had been hospitalised for more than eight days.

In view of the injuries, treatment, functional impairment and hospitalisation, the Court held that the total award was not excessive or exorbitant and found no basis to interfere.

The Court dismissed the appeal and confirmed the award of ₹1,47,100 with interest.

It directed the insurer to deposit the award amount, if not already deposited, with accrued interest within six weeks of receiving the order; the claimant could then withdraw it in accordance with law.

No costs were ordered, and the connected miscellaneous petition was closed.