Multiple fractures warrant enhanced compensation for pain, loss of amenities, and proven medical expenses.

The claimant sustained injuries in a road traffic accident on 1 August 2020, allegedly caused by the rash and negligent riding of a motorcycle.

His injuries included fractures to the left leg, a left metatarsal fracture, a crushed fracture of the third left toe, and injuries to the forehead and forearm.

The Senior Civil Judge and Additional Motor Accident Claims Tribunal, Sira, awarded him ₹1,89,451, including ₹32,451 for medical expenses and ₹50,000 for pain and suffering, with interest at 6% per annum.

The claimant appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement.

Whether the compensation awarded for pain and suffering and medical expenses required enhancement in light of the claimant’s injuries and medical bills.

Whether the claimant was entitled to compensation for loss of amenities, which the Tribunal had not awarded.

The appeal was brought under Section 173(1) of the Motor Vehicles Act, 1988.

The Court assessed the claimant’s entitlement to compensation by considering the nature and severity of the injuries, the documented medical expenses, and the relevant heads of loss.

No specific precedent or further statutory provision was cited in the judgment.

The Court considered that the claimant had sustained three grievous injuries, including fractures of both bones of the left leg, and held that ₹50,000 was inadequate for pain and suffering; it enhanced that award to ₹1,50,000.

Given the injuries, it awarded ₹80,000 for loss of amenities, a head omitted by the Tribunal.

It also found that the medical bills in Ex.P11 totalled ₹67,451, rather than the ₹32,451 allowed by the Tribunal, and increased the medical-expense award accordingly.

The Court left unchanged the awards for loss of income during the laid-up period and attendant and conveyance charges.

The Court assessed total compensation at ₹4,04,451, an enhancement of ₹2,15,000 over the Tribunal’s award, with interest at 6% per annum from the date of the petition until realization.

Respondent No. 2, the insurer, was directed to deposit the enhanced compensation with interest before the Tribunal within six weeks; the claimant was entitled to release of the entire enhanced amount.