Compensation for pain and suffering and future medical expenses may be reduced absent evidence of permanent disability.

The first respondent sustained injuries in a road accident on 7 October 2020 when, while riding his motorcycle, he was struck by a car that allegedly made a sudden U-turn.

The Motor Accident Claims Tribunal found the car’s driver solely negligent and awarded compensation of ₹3,04,000 in the claimant’s petition under Section 166(1) of the Motor Vehicles Act, 1988.

The insurer appealed under Section 173, challenging the amounts awarded for pain and suffering and future medical expenses.

Whether the Tribunal’s award of ₹70,000 for pain and suffering was excessive in light of the claimant’s injuries and treatment.

Whether the award of ₹30,000 for future medical expenses was justified on the evidence.

The claimant’s compensation petition was brought under Section 166(1) of the Motor Vehicles Act, 1988, and the insurer’s appeal was brought under Section 173.

The Court assessed whether the challenged heads of compensation were reasonable in light of the injuries, inpatient treatment and evidence concerning future medical needs. No precedent was cited, and the judgment states no broader legal test.

The Court noted that the claimant was about 60 years old, had been hospitalised for six days, and sustained a tibial plateau injury and injuries to his face and hand.

It also noted that he had not appeared before a Medical Board for disability assessment; on that basis, it concluded that the record did not establish grievous injury or permanent disability.

The Court considered ₹70,000 for pain and suffering excessive and reduced it to ₹50,000. It likewise reduced future medical expenses from ₹30,000 to ₹10,000, while leaving the other heads unchanged.

The claimant was permitted to withdraw the modified award, subject to adjustment for amounts already withdrawn; any excess deposit was to be refunded to the insurer.

The Tribunal’s other directions remained unaltered, and there was no order as to costs.