Disability compensation was fixed at ₹10,000 per percentage of assessed disability.

The claimant, a rental-bike/call-taxi-bike driver, sustained multiple fractures, including an open segmental fracture of the right tibia and a comminuted fracture of the right femur, in a road accident on 28 February 2020.

The Tribunal found the accident was caused by the first respondent’s negligence and awarded ₹2,89,910, including ₹1,89,000 for 10% disability and ₹1,00,910 for medical bills. The claimant appealed, seeking enhancement, principally challenging the assessment of his income and the omission of several heads of compensation

Whether the compensation awarded by the Tribunal required enhancement, including on account of the claimant’s income, disability, and omitted heads of damages

Whether additional compensation was warranted for pain and suffering, transport, extra nourishment, attendant charges, loss of amenities, and future medical expenses

The claim was brought under Section 166(1A) of the Motor Vehicles Act, 1988, and the appeal was filed under Section 173 of that Act

The Court assessed compensation by reference to the evidence concerning the claimant’s injuries, treatment, disability, and expenses, and considered appropriate compensation under the relevant heads. No judicial precedents were cited in the judgment.

The Court found no dispute as to the accident or the first respondent’s negligence. The wound certificate and discharge summary showed that the claimant was admitted on the day of the accident, underwent surgery, and was discharged after treatment on 6 March 2020; the Medical Board assessed 10% disability

Considering the claimant’s work and the year of the accident, the Court valued disability at ₹10,000 per percentage, awarding ₹1,00,000. It also assessed loss of income at ₹15,000 per month for three months and awarded sums under the additional heads identified, while retaining the medical-bills amount of ₹1,00,910

The insurer was directed to deposit the enhanced amount, less any amount already deposited, within six weeks; the claimant was permitted to withdraw the deposit upon application. The claimant was also directed to pay any court fee due on the enhancement