Injury compensation enhanced despite claimant’s subsequent death from causes unrelated to the motor accident.

The original claimant, Mayank Shrivastava, sustained injuries in a motor vehicle accident involving a car (bearing registration no. C.G.-04/DY-8444)

A claim petition was filed on 24/12/2014

During the proceedings, the original claimant passed away; however, his death was attributed to cancer rather than the injuries sustained in the accident

The 1st Additional Motor Accident Claims Tribunal, Raipur, passed an award on 10/01/2019, granting Rs. 38,000/- as compensation for the injuries

The appellants (parents of the deceased) preferred this appeal seeking an enhancement of the compensation, contending that the amount awarded was inadequate

1. Whether the compensation of Rs. 38,000/- awarded by the Claims Tribunal for the injuries sustained by the original claimant was just and reasonable or necessitated enhancement

The Court primarily applied Section 173 of the Motor Vehicles Act, 1988, which governs the filing of appeals against awards passed by Motor Accident Claims Tribunals

The Court also followed the principle of awarding "just compensation" for personal injuries, even in cases where the claimant subsequently dies of causes unrelated to the accident (non-fatal accidents), ensuring that the compensation reflects the gravity of the suffering and medical requirements during the claimant's lifetime

The Court examined the records and considered the rival submissions regarding the nature of the injuries.

While the Respondent (Insurance Company) argued that the death was not proximately caused by the accident but by cancer, the Court focused on the adequacy of the compensation for the period the claimant survived post-accident

The Court determined that the initial award of Rs. 38,000/- was insufficient given the circumstances of the injuries sustained

Consequently, even though the subsequent death was unrelated to the motor accident, the Court found it appropriate to exercise its discretion to enhance the quantum to a more equitable sum of Rs. 1,00,000/- to meet the ends of justice

The Court held that the claimants are entitled to an additional compensation of Rs. 62,000/-, bringing the total award to Rs. 1,00,000/-

Respondent No. 3 (Tata A.I.G. General Insurance Co. Ltd.) was directed to deposit the enhanced amount within 30 days of the order

Furthermore, the Court ordered that the additional amount shall carry interest @ 9% per annum from the date of the claim application (24/12/2014) until realization

All other conditions of the original award remained intact