Compensation must account for grievous injuries, prolonged hospitalization, future medical treatment, and consequential complications.

The appellant/claimant, Kapil Prasad Prajapati, sustained grievous injuries in a road accident on 23 December 2018. He suffered injuries to the temporal region, right hand, right eye and left side of the head, underwent two to three surgical procedures, and remained hospitalised from 23 December 2018 to 8 January 2019, approximately 17 days.

In Claim Case No. 142/2019, the Claims Tribunal awarded him Rs. 2,98,350, including Rs. 2,28,350 towards medical expenses.

Challenging the inadequacy of the award, the claimant preferred an appeal under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement for medical treatment, loss of income, attendant charges, transportation, special diet, future medical expenses, mental agony, and possible future complications.

The respondent did not appear despite service of notice.

1. Whether the compensation of Rs. 2,98,350 awarded by the Claims Tribunal was inadequate in view of the grievous injuries, surgical treatment, hospitalisation and continuing consequences suffered by the claimant?

2. Whether the claimant was entitled to enhanced compensation under separate heads including medical expenses, loss of income during hospitalisation, pain and suffering, special diet, transportation, attendant expenses, future medical treatment, mental agony, and future complications?

3. Whether the enhanced compensation should carry interest and, if so, from what date and at what rate?

The Court applied Section 173 of the Motor Vehicles Act, 1988, which permits an aggrieved party to appeal against an award of the Claims Tribunal.

Compensation in a personal-injury claim must be just and reasonable and must account not only for proved medical expenditure but also for reasonably foreseeable incidental medical expenses, loss of income, pain and suffering, transportation, special diet, attendant-related expenses, future medical treatment, mental agony, and likely complications or future consequences resulting from the accident.

The Court also applied the principle that interest may be awarded on the enhanced compensation from the date of filing of the claim application until realisation.

The Court found that the claimant’s injuries were grievous, involved the temporal region and head, required multiple surgical procedures, and resulted in approximately 17 days of hospitalisation and continuing headaches, including an alleged depression of part of the head by about two inches.

In light of the nature and extent of the injuries, the Court held that the Tribunal’s award, particularly the medical-expense component of Rs. 2,28,350, was inadequate.

Recognising that incidental expenses during prolonged treatment may not always be supported by receipts, it enhanced medical expenses to Rs. 2,50,000.

It further awarded Rs. 50,000 for loss of income during hospitalisation, Rs. 50,000 for pain and suffering, Rs. 30,000 for special diet, transportation and attendant expenses, Rs. 30,000 for future medical treatment, Rs. 50,000 for mental agony, and Rs. 40,000 for possible complications and future consequences.

These amounts resulted in a total compensation of Rs. 5,00,000, as against the Tribunal’s award of Rs. 2,98,350.

The Court enhanced the total compensation from Rs. 2,98,350 to Rs. 5,00,000, granting the claimant an additional amount of Rs. 2,01,650.

The enhanced amount was directed to carry interest at 6% per annum from the date of filing of the claim application before the Tribunal until realisation, while the remaining conditions of the Tribunal’s award were maintained.

The Registry was directed to communicate the enhanced amount to the claimant in Hindi Devanagari, with assistance from paralegal workers and the concerned Legal Aid Secretary, if required.