01Facts
On 30 September 2017, the appellant, then an 18-year-old engineering student, was injured when a Tata Indica Vista collided with the motorcycle on which she was travelling with her father
pp. 3–5She received inpatient treatment for 15 days
p. 4The Tribunal awarded her ₹3,51,210, with interest at 6% per annum
p. 3She appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement, contending that the compensation—particularly for future income, pain and suffering, and medical expenses—was inadequate
pp. 2, 4–502Issues
i.1. Whether the Tribunal’s assessment of the appellant’s loss of future income required enhancement
pp. 5–6ii.2. Whether the compensation awarded under pain and suffering and other heads required modification
pp. 4–603Law Applied
The appeal was brought under Section 173(1) of the Motor Vehicles Act, 1988
p. 2In reassessing compensation, the Court applied a calculation based on monthly income, 12 months, a multiplier of 18, and 11% disability for loss of future income; it also considered whether the award under pain and suffering warranted an increase
p. 6Provisions in the judgment · 1 · Linked ones open on LawLens
Motor Vehicles Act, 1988 Section 173
04Reasoning
The Court found that the Tribunal had assessed the appellant’s notional monthly income at ₹6,000, but that it ought to have been ₹11,000
p. 5Applying the multiplier of 18 and 11% disability, it calculated loss of future income at ₹2,61,360
p. 6It also increased compensation for pain and suffering by ₹10,000, from ₹30,000 to ₹40,000, while leaving the amounts for medical expenses, nourishment and miscellaneous expenses, and loss of amenities unchanged
p. 605Holding
The appeal was allowed in part.
p. 7The Court enhanced the total compensation from ₹3,51,210 to ₹4,41,130 and awarded the appellant an additional ₹89,920, with interest at 6% per annum from the date of the appeal until realisation
p. 7Respondents 1 and 2 were held jointly and severally liable, and the Insurance Company was directed to deposit the enhanced compensation within six weeks of receiving the certified copy of the judgment
pp. 7–8Original Court PDF
SAHANA MvsASHA B L
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