Inadequate motor accident compensation must be enhanced to ensure just and fair compensation.

The claimant alleged that he sustained grievous injuries, including a fracture, when the motorcycle he was riding was struck by a motorcycle driven rashly and negligently by respondent No. 1 near Kabirpur crossroads

The judgment records the accident date as 18 December 2024, although it also states that the claim petition was filed in 2015 and decided by the Tribunal in 2021

The Motor Accident Claims Tribunal, Godhra, awarded Rs. 1,91,546 with 9% annual interest and proportionate costs, and exonerated respondent No. 4, National Insurance Company

The claimant appealed, contending that the compensation was inadequate

1. Whether the Tribunal’s award of compensation required enhancement to provide just and fair compensation for the claimant’s injuries and resulting losses

2. Whether the Tribunal’s remaining directions, including its exoneration of respondent No. 4, should be disturbed in the appeal

The appeal was brought under Section 173 of the Motor Vehicles Act, 1988, against an award made on a claim under Section 166

The Court applied the principle that compensation under the Act must be just, fair, reasonable, and equitable, assessed holistically and realistically; a Tribunal should endeavour to award just compensation and should not assess it niggardly

Having reviewed the Tribunal record and award, the Court concluded that the Tribunal had erred in assessing compensation and that enhancement was warranted

It recalculated compensation as Rs. 3,88,924 across future loss of income, actual loss of income, pain and suffering, medical expenses, and special diet and attendant charges; after a 60% deduction, it fixed the claimant’s entitlement at Rs. 2,33,355

Deducting the Rs. 1,91,546 already awarded, the Court arrived at an enhancement of Rs. 41,809

The claimant was awarded an additional Rs. 41,809 with interest at 9% per annum from the date of filing the claim petition until realisation

Respondent Nos. 1 to 3 were directed to deposit the enhanced amount and accrued interest with the Tribunal within eight weeks; the Tribunal was directed to disburse the amount in accordance with the stated procedure.

The Tribunal’s remaining directions were left undisturbed