Enhancement of personal injury compensation based on actual treatment requirements, loss of income, and amenities.

The appellant, Niranjan Dhruw, filed an appeal under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement of compensation for injuries sustained in a motor accident

The appellant suffered serious leg injuries requiring the surgical insertion of a plate

The 7th Additional Motor Accident Claims Tribunal (MACT), Bilaspur, awarded a total compensation of ₹1,43,873/- via an award dated 24/01/2020

The appellant contended that the award was inadequate given the severity of the injury and treatment undergone

1. Whether the compensation awarded by the Claims Tribunal was just and proper or required enhancement based on the nature of injuries and prevailing wage notifications

Section 173 of the Motor Vehicles Act, 1988, regarding appeals against awards

The assessment of compensation was governed by the principle of "just compensation," specifically considering "loss of income" based on minimum wage notifications prevailing at the time of the accident, as well as non-pecuniary heads such as "pain and suffering," "loss of amenities," and "future treatment"

The High Court observed that the Tribunal erred by not formally assessing the appellant’s monthly income, instead granting a lump sum of ₹50,000/- for loss of income

Upon reviewing the minimum wage notifications, the Court determined that ₹80,000/- was the appropriate amount for income loss

The Court further analyzed the medical gravity of the injury—specifically the surgical insertion of a plate—concluding that the Tribunal’s grants for future treatment, pain and suffering, special diet, and transportation were insufficient

Additionally, the Court noted the total omission of compensation for "loss of amenities," which is a standard head in injury claims

Consequently, the Court re-calculated the heads to reflect a more equitable distribution of damages

It enhanced the total award from ₹1,43,873/- to ₹2,81,873/-, granting an additional sum of ₹1,38,000/-

Respondent No. 3 (Insurance Company) was directed to deposit the enhanced amount within 30 days, carrying interest @ 8% per annum from the date of the claim application (24/01/2020) until realization

The appeal was allowed, and the impugned award was modified accordingly