Serious fractures affecting normal function justify six months’ loss of earnings and enhanced disability compensation.

The claimant was injured in a collision on 8 May 2014 while travelling in a Tamil Nadu State Transport Corporation bus.

The Motor Accident Claims Tribunal attributed the accident to the bus driver and awarded Rs.1,85,967, including Rs.45,000 for 15% disability, Rs.15,000 for loss of earnings for two months, and Rs.15,000 for extra nourishment.

The claimant appealed under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement, principally on the grounds that the disability amount and the periods and sums allowed for loss of earnings and nourishment were inadequate.

The judgment’s Tribunal-award table lists medical bills of Rs.74,967, whereas its modified-award table lists Rs.74,697; the latter figure is used in the Court’s stated enhanced total of Rs.2,40,697.

Whether the Tribunal’s assessment of compensation for the claimant’s 15% disability required enhancement.

Whether the claimant was entitled to increased compensation for loss of earnings and extra nourishment, having regard to his injuries and recovery period.

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

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

The Court assessed the disputed heads by reference to the Medical Board’s disability assessment, the evidence concerning the claimant’s injuries and treatment, and the evidentiary basis for his asserted income.

The Court accepted the Medical Board’s assessment of 15% disability but considered the Tribunal’s rate of Rs.3,000 per percentage inadequate, given that the accident occurred in 2014; it therefore used Rs.4,000 per percentage and awarded Rs.60,000 for disability.

Although the claimant asserted monthly earnings of Rs.15,000, he produced no proof of that income, so the Court retained the Tribunal’s assessed monthly income of Rs.7,500.

Given the fractures to the head and spine and their effect on normal function, however, it allowed six months rather than two months of earnings, awarding Rs.45,000.

It also increased extra nourishment from Rs.15,000 to Rs.25,000, while leaving the other listed heads unchanged.

The Court enhanced the award to Rs.2,40,697, with interest at 7.5% per annum from the date of the claim petition until deposit, subject to the exclusion of interest for the 785-day delay previously ordered.

The first respondent was directed to deposit the award, interest, and costs, less any amount already deposited, within four weeks; the claimant was permitted to withdraw in accordance with the stated directions and was directed to pay any required court fee on the enhancement.