Compensation must reflect permanent disability, six months’ income loss, and reasonably anticipated future medical expenses.

The claimant sustained a crush injury and fractures to his right foot when his two-wheeler collided with the insured vehicle on 16 November 2017.

He underwent surgeries and skin grafting; the Medical Board assessed permanent disability at 15%.

The Motor Accident Claims Tribunal attributed the accident to the offending vehicle’s rider and awarded compensation, including Rs.75,000 for disability and Rs.54,000 for loss of income.

The claimant appealed under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement.

Whether the claimant was entitled to enhancement of the compensation awarded by the Tribunal

Section 173 of the Motor Vehicles Act, 1988 provides for an appeal against an award of a Motor Accident Claims Tribunal.

In assessing compensation, the Court considered the proved nature and consequences of the injuries and the evidence concerning treatment, disability, and inability to work. It applied a rate of Rs.7,000 per percentage of permanent disability for the relevant period; the judgment cites no statutory provision or precedent establishing that rate.

The Court accepted the Medical Board’s 15% disability assessment and, applying the stated rate of Rs.7,000 per percentage, increased disability compensation to Rs.1,05,000.

The claimant’s testimony and medical records supported six months of inability to pursue his avocation, warranting Rs.90,000 for loss of income.

The crush injury, fracture, surgeries, and skin grafting justified increasing pain-and-suffering compensation to Rs.40,000.

The insertion of a nail and the possibility of future intervention supported an award of Rs.50,000 for future medical expenses; prolonged treatment and injury severity also justified increasing attendant charges to Rs.20,000.

The Court left the other heads unchanged.

The compensation was enhanced from Rs.4,76,790 to Rs.6,22,790, with interest at 7.5% per annum from the date of the claim petition.

The insurer was directed to deposit the award within eight weeks; the claimant may withdraw it in accordance with law, and the insurer may withdraw any amount deposited in excess of the modified award.