Injured claimants are entitled to loss of income during treatment and enhanced compensation under non-pecuniary heads.

The appellant, a Shiksha Karmi earning ₹18,000 per month, sustained injuries in a motor vehicle accident involving a Highwa Truck (No. C.G.-04-JC-7190)

She filed a claim for compensation before the 8th Additional Motor Accident Claims Tribunal, Raipur (Claim Case No. 626/2017) against the driver, the owner (Jay Mata Dee Construction), and the insurer (HDFC Ergo General Insurance Co. Ltd.)

On 15.05.2019, the Tribunal awarded a total compensation of ₹5,26,391/-

The appellant preferred this appeal under the Motor Vehicles Act seeking enhancement, contending that the Tribunal failed to assess income lost during the treatment period and awarded inadequate sums for future treatment, pain and suffering, and transportation

1. Whether the Claims Tribunal erred in failing to award compensation for loss of income during the nine-month period of treatment

2. Whether the compensation awarded under the heads of future treatment, pain and suffering, special diet, attendant charges, and loss of normal life was inadequate

3. Whether the claimant is entitled to compensation under the head of transportation

The Court exercised its appellate jurisdiction under Section 173 of the Motor Vehicles Act, 1988

It applied the principle of "just compensation," which requires the Court to ensure that an injured claimant is adequately indemnified for both pecuniary losses (actual medical expenses and loss of earnings) and non-pecuniary losses (pain, suffering, and loss of amenities of life) resulting from a motor accident

The Court noted that while the Tribunal accepted the claimant’s monthly income as ₹18,000, it failed to account for the loss of income during her nine-month recovery period

The Court corrected this omission by awarding ₹1,62,000/- (₹18,000 x 9 months)

Regarding non-pecuniary and miscellaneous heads, the Court found the Tribunal’s assessments insufficient.

It enhanced the award for future treatment from ₹10,000 to ₹50,000; the composite head of pain, suffering, special diet, and attendant from ₹70,000 to ₹1,00,000; and loss of normal life from ₹30,000 to ₹50,000

Additionally, identifying a total omission by the Tribunal, the Court awarded ₹30,000 for transportation expenses

The appellant was held entitled to an additional amount of ₹2,82,000/-

The Court directed the respondent insurer to deposit the enhanced amount within three months, carrying interest at the rate of 8% per annum from the date of filing the claim application until realization

All other conditions of the original award remained intact