Enhancement of motor accident compensation through re-computation of specific pecuniary and non-pecuniary heads of damage.

The appellant/claimant, Hemchandra Shrivastava, sustained injuries in a motor vehicle accident and subsequently filed a claim before the Additional Motor Accident Claims Tribunal (FTC), Ambikapur, docketed as Claim Case No. 12/2018.

On February 28, 2019, the Tribunal awarded the appellant a total compensation of Rs. 4,28,380/-.

Asserting that the awarded amount was insufficient and on the lower side, the appellant preferred this appeal before the High Court of Chhattisgarh seeking enhancement of the compensation.

Whether the compensation awarded by the Motor Accident Claims Tribunal was just and proper or required enhancement based on the nature of injuries and the facts and circumstances of the case.

The Court primarily applied Section 173 of the Motor Vehicles Act, 1988, which provides the right to appeal against an award passed by a Claims Tribunal.

The Court’s reasoning was guided by the principle of "just compensation," which necessitates a fair assessment of both pecuniary losses (such as medical expenses, loss of income, and incidental costs) and non-pecuniary damages (such as pain and suffering).

The Court performed a de novo re-computation of the compensation by reviewing the specific heads under which the Tribunal had granted relief.

While the Court upheld the original amounts for "Medical Expenses" (Rs. 3,77,685/-) and "Travelling Expenses" (Rs. 5,000/-), it determined that several other heads were inadequately compensated.

Specifically, the Court increased "Pain and Suffering" from Rs. 10,000/- to Rs. 15,000/-; "Attendant’s fee" from Rs. 3,750/- to Rs. 5,000/-; "Nutritional Food" from Rs. 4,000/- to Rs. 5,000/-; and "Hotel Expenses" from Rs. 5,000/- to Rs. 7,945/-.

Most significantly, the Court doubled the "Loss of Income" award from Rs. 20,000/- to Rs. 40,000/-.

The Court concluded that these adjustments were necessary to reflect the gravity of the injuries and the actual financial impact on the claimant.

The claimant was held entitled to an additional compensation amount of Rs. 27,250/-.

Respondent No. 3 (The New India Insurance Company Limited) was directed to deposit the enhanced amount within 30 days of the order.

Furthermore, the Court ordered that the additional amount shall carry an interest rate of 6% per annum from the date the claim application was filed (January 8, 2018) until its realization.

All other conditions of the original Tribunal award remained intact.