Prolonged treatment and multiple surgeries justified enhancement of compensation as the original award was inadequate.

The appellant/claimant sustained injuries in a motor accident dated 27 December 2012.

The Claims Tribunal, Ashoknagar, awarded compensation of ₹4,63,852 with interest at 6% per annum from the date of filing of the claim petition until realization, by award dated 16 February 2016 in Claim Case No. 03/2015.

The accident, negligence, and liability were not disputed before the High Court; the appeal was confined to enhancement of compensation.

The claimant contended that the Tribunal had undervalued his income despite an income-tax return showing annual income of ₹2,08,000, failed to compensate loss of income during approximately five months of treatment, and awarded inadequate amounts towards attendant charges, pain and suffering, and the consequences of prolonged treatment and hospitalization.

The insurer opposed the appeal and supported the Tribunal’s award.

1. Whether the compensation awarded by the Claims Tribunal was inadequate and required enhancement in view of the claimant’s injuries, prolonged treatment, hospitalization, attendant requirements, pain and suffering, and loss of income.

2. Whether the claimant was entitled to additional compensation over and above ₹4,63,852, with applicable interest.

The appeal was decided under Section 173(1) of the Motor Vehicles Act, 1988, which permits an aggrieved party to challenge an award of the Motor Accident Claims Tribunal.

The governing principle applied was that compensation in motor accident claims must be “just and reasonable,” assessed with regard to the nature and extent of injuries, duration of treatment, hospitalization, attendant requirements, loss of income, pain and suffering, and the overall circumstances of the case.

The enhanced compensation was directed to carry interest at 6% per annum from the date of filing of the claim petition until realization.

The High Court found that the Tribunal’s assessment was on the lower side after considering the claimant’s injuries, prolonged treatment, multiple hospitalizations, surgical procedures, treatment at various hospitals, and the income reflected in the income-tax return.

Although the claimant sought separate enhancement under several heads, the Court considered the overall material and circumstances and concluded that the ends of justice would be met by awarding a further lump-sum amount of ₹1,00,000.

The Court therefore enhanced the compensation without disturbing the other terms of the Tribunal’s award.

The claimant was awarded additional compensation of ₹1,00,000 over and above the original award of ₹4,63,852, resulting in total compensation of ₹5,63,852, subject to the terms of the original award.

The enhanced amount was directed to carry interest at 6% per annum from the date of filing of the claim petition until realization.

The remaining terms of the award were left unaltered, and the appeal was disposed of.