Motor accident compensation may be enhanced when claimants accept the proposal and the insurer does not object.

The claimants appealed under Section 173(1) of the Motor Vehicles Act, 1988, against the Tribunal’s judgment awarding compensation of ₹15,10,000 with interest at 7% per annum from the date of filing the claim

The appeal challenged only the quantum; the insurer’s liability to pay was not disputed, and the award had already been satisfied

The High Court proposed a further consolidated award of ₹9,00,000. The claimants accepted the proposal, while the insurer left the matter to the Court’s discretion

1. Whether the compensation awarded by the Tribunal should be enhanced in the claimants’ appeal

2. Whether a further sum of ₹9,00,000 could be awarded where the claimants accepted the Court’s proposal and the insurer did not dispute it

The appeal was brought under Section 173(1) of the Motor Vehicles Act, 1988, which provides for an appeal against an award of a Motor Accident Claims Tribunal

The Court also relied on Taslim Parvin & Another v. (Smt.) Usha Devi & Another, 2018(2) TAC 22 (SC), as authority relevant to disposing of the quantum challenge on the basis of the parties’ positions regarding the Court’s proposed enhancement

The Court confined its consideration to the quantum of compensation because liability was not in dispute

It proposed an additional ₹9,00,000 as a consolidated enhancement; the claimants expressly accepted that amount, and the insurer did not oppose it, leaving the decision to the Court. Relying on Taslim Parvin, the Court concluded that, in these circumstances, the proposed enhancement would serve the interests of justice

The enhanced sum is to be disbursed proportionately in accordance with the Tribunal’s judgment, and the proper court fee on the enhanced compensation is to be realised from the claimants