Evidence-based compensation assessment is affirmed where neither enhancement nor reduction is warranted.

On 22 July 2007, Sri Prakash Mourya was travelling in Bus No. UP-15-N-4525 from Haridwar to Meerut when Bus No. HP-48-2676 allegedly, while being driven rashly and negligently at high speed, came onto the wrong side of the road and collided with his bus near Mawana Road, Meerut.

One passenger died and several persons, including the claimant, were injured. The claimant suffered fractures in both legs, underwent treatment at multiple hospitals, and claimed compensation of ₹18,85,000 for medical expenses, loss of income, disability and consequential losses.

The Motor Accident Claims Tribunal, Haridwar held the driver of Bus No. HP-48-2676 responsible and awarded ₹4,40,000 with interest at 6% per annum.

The Insurance Company filed an appeal challenging its liability and the quantum, while the claimant filed a cross-appeal seeking enhancement.

1. Whether the accident was caused by the rash and negligent driving of Bus No. HP-48-2676 and whether the claimant was entitled to compensation from the concerned respondents.

2. Whether the compensation of ₹4,40,000 awarded by the Tribunal was excessive or inadequate, warranting reduction or enhancement in appeal.

3. Whether the drivers possessed valid driving licences and whether the vehicles had valid documents on the date of the accident.

The judgment did not refer to any specific statutory provision or judicial precedent. It applied the principles governing compensation in motor accident claims: negligence must be established on the evidence; compensation must be just and reasonable having regard to the injuries, disability, treatment, loss of income and consequential expenses; and an appellate court will not interfere with the Tribunal’s assessment unless it is perverse, illegal, unsupported by evidence, inadequate, or excessive.

The validity of the drivers’ licences and vehicle documents was assessed as part of determining liability.

The High Court independently examined the material considered by the Tribunal and upheld the finding that Bus No. HP-48-2676 was driven rashly and negligently, while negligence on the part of Bus No. UP-15-N-4525 was not proved.

It further found that the drivers had valid licences and that the vehicles possessed valid documents on the date of the accident.

Regarding quantum, the Court held that the Tribunal had properly considered the claimant’s injuries, treatment, period of recovery, disability, loss of income, medical expenses and attendant requirements.

The claimant failed to show that any material head of compensation had been omitted, while the Insurance Company failed to establish that the award lacked evidentiary support or was excessive.

Accordingly, no basis existed either to enhance or reduce the award.

The Tribunal’s award of ₹4,40,000 with interest at 6% per annum was affirmed.

The Insurance Company was directed to deposit the balance amount stated by the Court as ₹65,000, together with the entire interest awarded, after adjustment of payments already made, within one month of receiving the judgment.

The Claims Tribunal was directed to release the award amount and accrued interest to the claimant and to take necessary consequential steps; the record was ordered to be returned to the Tribunal.