Left-Hand Fracture: Chhattisgarh HC Adds ₹98,145 To Accident Victim’s Compensation, Raising It To ₹2.4 Lakh.

The claimant sustained a fracture to his left hand in a road accident on 25 January 2020.

The Claims Tribunal awarded him ₹1,41,855 in compensation. He appealed under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement, including compensation for loss of income during treatment and future treatment. The insurer opposed the appeal

The appeal was brought under Section 173 of the Motor Vehicles Act, 1988

The Court assessed compensation under the relevant heads by determining what amounts were just and proper in light of the claimant’s injury, treatment and circumstances; it cited no precedent or further statutory provision

The Court found that the fracture would have caused some loss of income during treatment, a head for which the Tribunal had made no award, and allowed ₹30,000. It also allowed ₹15,000 for future treatment, considering the claimant’s need for follow-up visits.

Given his treatment at Apollo Hospital in Bilaspur and the expenditure incurred, the Court increased medical expenses from ₹1,37,855 to ₹1,40,000, transportation from ₹1,000 to ₹20,000, special diet from ₹1,000 to ₹10,000, and pain and suffering from ₹2,000 to ₹25,000

The remaining terms of the Tribunal’s award were left unchanged, and the Registry was directed to communicate the enhanced amount to the claimant in Hindi