IMPORTANT POINT
The court affirmed that in cases of permanent disability resulting from motor accidents, claimants are entitled to compensation that includes future loss of income and prospects, ensuring that the awarded amount reflects the true extent of their suffering and needs.

JUDGMENT :

M.B. SNEHALATHA, J.

1. Appellant is the claimant in OP(MV) No. 2354/2011 of Motor Accident Claims Tribunal, Kollam [hereinafter referred to as ‘the Tribunal’]. He has filed this appeal seeking enhancement of compensation awarded by the Tribunal.

2. For the sake of convenience, the parties shall be referred to as per their rank before the Tribunal as claimant and respondents.

3. On 17.03.2011, claimant met with a motor vehicle accident and sustained grievous injuries. Accident occurred due to the rash and negligent driving of R2, who was the driver of the offending lorry bearing Registration No. KL-3/B 642. R1 is the owner of the said lorry and R3 is the insurer of the said vehicle. Claimant approached the Tribunal seeking compensation of Rs. 20,00,000/-. By the impugned award, the Tribunal awarded a sum of Rs. 23,59,160/- as compensation with interest at 9% per annum. Dissatisfied with the amount awarded, the claimant has come in appeal seeking enhanced compensation.

4. Heard the learned counsel for both sides and perused the records.

5. It is not in dispute that on 17.03.2011, the claimant met with an accident. The evidence on record would show that the accident occurred due to the rash and negligent driving of R2 who was the driver of offending lorry bearing registration No. KL-3/B 642. There is also no dispute over the fact that the offending lorry had valid insurance coverage at the time of the accident.

6. The appeal has been preferred by the claimant contending that the compensation awarded by the Tribunal is too low and inadequate. According to the learned counsel for the claimant, the Tribunal failed to award reasonable and just compensation; that the amount awarded under various heads are on a lower side; the monthly income taken is very low; that the Tribunal failed to award compensation under the head continuing permanent disability; that the Tribunal failed to note the fact that claimant is still in a vegetative state and failed to consider the magnitude of the disabilities suffered by the claimant.

7. The learned counsel for the insurance company on the other hand contended that the award passed by the Tribunal is just and reasonable.

8. Now Let us see whether the claimant is entitled to any enhanced compensation and if so, what is the quantum.

9. Exts.A7 and A10 wound certificates would reveal that the claimant sustained fracture both ramus, fracture right leg, multiple hemorrhagic contusions -DAI, fracture pelvis both ramus right with acetabular floor, fracture right leg, right haemothorax with right diaphragmatic palsy. Ext.A18 reveals that the claimant sustained diffused axonal injury Grade III. Exts.A9, A10, A12, A18 to A21 medical reports would further reveal that he was treated as an inpatient at Ananthapuri Hospital Thiruvanthapuram, Sree Narayana Trust Medical Mission Kollam, Al-Shifa Hospital Challissery and undergone therapeutic exercise, positional stretching techniques and functional electrical stimulation, at Centre for Physiotherapy Varkala.

10. It is in evidence that, the claimant had undergone inpatient treatment for more than one year and spent huge amount for treatment. The Standing Disability Assessment Board, Govt. Medical College Hospital, Kottayam has issued Ext.X1 certificate stating that claimant is suffering from 84% neurological disability. In the award passed by the Tribunal, it has been stated that the claimant was produced before the Tribunal; that he could not stand on his own and he was disoriented and was in a vegetative state.

11. The principles with regard to determination of just compensation contemplated under Motor Vehicles Act, 1988 are well settled. It is impossible to equate human suffering and personal deprivation with money. The court has to make a judicial attempt to award damages so as to compensate the claimant for the loss suffered by the victim. It is also a well settled principle that the compensation or damages assessed for personal injuries should be substantial to