Serious fractures warrant enhanced compensation for pain and suffering and loss of amenities.

The claimant sustained injuries in a road traffic accident on 17 November 2021, allegedly caused by the negligent riding of a motorcycle.

The Motor Accidents Claims Tribunal partly allowed his claim and awarded ₹7,85,597, including compensation for future loss of income, medical expenses, pain and suffering, loss of amenities, and other expenses

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

The High Court considered the appeal with the consent of counsel for the claimant and insurer

1. Whether the Tribunal’s assessment of disability, monthly income, multiplier, and compensation for future loss of income required interference

2. Whether the compensation awarded for pain and suffering, loss of amenities, laid-up-period income, and future medical expenses required enhancement

The appeal was brought under Section 173(1) of the Motor Vehicles Act, 1988, which provides for an appeal against a Claims Tribunal award.

The judgment did not cite any precedent or set out a separate statutory test for reassessing compensation. It applied the principle of assessing compensation under the relevant heads in light of the evidence, including the claimant’s injuries, disability, age, period of hospitalisation and need for future treatment.

The Court found no reason to disturb the Tribunal’s assessment of 15% whole-body disability, monthly income of ₹15,000, or multiplier of 16, and accordingly upheld the award for future loss of income.

Given the fractures and other injuries, it increased compensation for pain and suffering by ₹80,000 and for loss of amenities by ₹60,000.

It allowed a further ₹15,000 for three months’ laid-up-period income, while finding the amounts for attendant charges, food and nourishment, conveyance, and medical expenses adequate.

Based on the doctor’s evidence that implant-removal surgery would be required, it added ₹10,000 for future medical expenses.

The claimant was awarded enhanced compensation of ₹1,65,000, with interest at 6% per annum from the petition date until realization, except that no interest was payable on the ₹10,000 enhancement for future medical expenses.

The insurer was directed to deposit the enhanced amount with applicable interest within six weeks, and the claimant was permitted to withdraw the entire enhancement.