Madras HC Raises Injured Auto Passenger’s Compensation To Rs 1.82 Lakh, Valuing His 18% Disability At Rs 6,000 Per Point

The claimant sought compensation under Section 166 of the Motor Vehicles Act, 1988, for injuries sustained in a road accident on 15 June 2018 while travelling as a passenger in an autorickshaw.

He alleged that the accident occurred when a motorcycle rider applied a sudden brake, causing the autorickshaw to capsize; he suffered a left proximal humerus fracture and other injuries.

The Tribunal found the accident resulted from the offending vehicle rider’s negligence and awarded ₹1,21,300, including ₹90,000 for 18% permanent disability.

The claimant appealed, seeking enhancement.

The claim was brought under Section 166 of the Motor Vehicles Act, 1988, and the appeal under Section 173.

The Court assessed compensation by considering the evidence of the claimant’s injuries and disability, the year of accident, the claimant’s age, and the absence of proof of income.

The Medical Board’s certificate assessed the claimant’s permanent disability at 18%. Given the 2018 accident and the nature of the injuries, the Court increased the rate from ₹5,000 to ₹6,000 per percentage, resulting in ₹1,08,000 for disability.

As the claimant’s asserted income of ₹50,000 per month was unproved, the Court fixed notional monthly income at ₹15,000, and allowed two months’ loss of earnings, or ₹30,000.

It also increased pain and suffering and extra nourishment to ₹20,000 each, while leaving the other heads unchanged.

The insurer was directed to deposit the enhanced compensation, less any amount already deposited, within six weeks; the claimant may withdraw it on application to the Tribunal.

No costs were ordered.