Fracture and hospitalization justified a further lump-sum award for medical expenses.

On 4 February 2010, the appellant, a 45-year-old labourer, was struck by a car while walking towards his house and sustained multiple injuries, including a radius fracture.

The Claims Tribunal assessed his permanent disability at 30% and awarded total compensation of ₹2,21,936, including ₹64,736 for medical expenses.

The claimant appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement, principally on the grounds that his medical expenses were approximately ₹1,50,000 and that his disability had been assessed at 45% by the doctor.

The Insurance Company opposed enhancement, contending that the award was just and proper.

1. Whether the Tribunal’s award for medical expenses should be enhanced in light of the claimant’s injuries, treatment and claimed expenditure.

2. Whether the Tribunal’s assessment of the claimant’s permanent disability at 30% warranted appellate interference.

The appeal was brought under Section 173(1) of the Motor Vehicles Act, 1988, which provides for an appeal against an award of a Claims Tribunal.

The Court assessed whether the compensation awarded was justified by the evidence and circumstances, including the nature of the injuries and treatment, and whether the claimed medical expenses were established by reliable documentary evidence.

The Court found that the radius fracture, hospitalization and treatment justified some additional compensation for medical expenses, but the claimant had not proved the full claimed amount of ₹1,50,000 through reliable documentary evidence.

It therefore declined to award the full amount claimed and granted a further lump sum of ₹20,000.

On disability, the Court considered the medical evidence relied on by the claimant but found no basis in the record to disturb the Tribunal’s 30% assessment; it also considered the compensation under the other heads just and proper.

The total compensation was enhanced by ₹20,000 towards medical expenses, with interest at 6% per annum from the date of filing of the claim petition until realization.

The Insurance Company was directed to pay the enhanced amount within two months; the Tribunal’s remaining findings were left undisturbed.