Permanent-disability compensation was enhanced to ₹8,000 per percentage point for a 2018 accident.

The claimant was injured on 9 July 2018 when a bus allegedly driven negligently struck him while he was attending to a punctured tyre.

The Motor Accident Claims Tribunal found the bus driver negligent and the vehicle insured, assessed the claimant’s disability at 20%, and awarded compensation of Rs.1,77,000.

The claimant appealed under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement, principally on the grounds that his income and compensation under several heads had been assessed too low.

1. Whether the Tribunal’s assessment of permanent-disability compensation at Rs.5,000 per percentage should be enhanced.

2. Whether the claimant’s monthly income and compensation for loss of earnings and other heads should be reassessed.

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

The judgment cites no other statutory provision or precedent governing the assessment of compensation.

In determining quantum, the Court considered the evidence of disability, the date of the accident, the claimant’s age and injuries, and the absence of documentary proof of income.

The Medical Board’s certificate supported the Tribunal’s assessment of 20% disability, but the Court found that Rs.5,000 per percentage was inadequate for an accident occurring in 2018 and increased the rate to Rs.8,000, producing Rs.1,60,000 for permanent disability.

Although the claimant’s asserted monthly income of Rs.30,000 was unproved, the Court considered Rs.7,000 too low in light of the accident date and the claimant’s age, and fixed monthly income at Rs.14,000.

It accordingly awarded two months’ earnings, reflecting the recovery period attributed to the injuries.

The Court also increased attendant charges, extra nourishment and transport expenses, while leaving pain and suffering and loss of amenities unchanged.

The total award was enhanced from Rs.1,77,000 to Rs.2,68,000, with interest at 7.5% per annum from the date of the claim petition until deposit.

The insurer was directed to deposit the amount, less any sum already deposited, within six weeks; the claimant was permitted to withdraw it subject to the stated conditions, and the Tribunal’s other directions remained unchanged.