Court Enhances Compensation for Accident Victim with Crush Injuries

Background

This case involves an appeal filed by a claimant seeking enhancement of compensation for injuries sustained in a motor vehicle accident. The claimant, who was a bus driver at the time of the accident, sustained crush injuries to his right foot when he was involved in a collision with a vehicle insured by the second respondent, an insurance company.

Arguments

The claimant argued that the compensation awarded by the Tribunal was inadequate, particularly with regard to the loss of earning capacity, pain and suffering, and attender charges. The insurance company, on the other hand, contended that the Tribunal's award was reasonable and did not require any further enhancement.

Court's Analysis and Reasoning

The court acknowledged that the Tribunal's assessment of the claimant's notional monthly income at ₹8,500 was low, considering the year of the accident (2019). The court, therefore, enhanced the notional monthly income to ₹12,000, taking into account the claimant's heavy vehicle driving license and the fact that he was 62 years old at the time of the accident. The court also found that the compensation awarded by the Tribunal for pain and suffering, as well as extra nourishment and attender charges, was insufficient given the nature of the claimant's injuries. Accordingly, the court enhanced the compensation for pain and suffering to ₹50,000 and the compensation for extra nourishment and attender charges to ₹25,000 each.

Decision

The court partially allowed the claimant's appeal and enhanced the total compensation from ₹5,04,036 to ₹6,78,226. The insurance company was directed to deposit the enhanced award amount, along with interest at the rate of 7.5% per annum from the date of the claim petition until the date of deposit, within four weeks. The claimant was permitted to withdraw the amount once it was deposited by the insurance company.