Compensation awarded in motor accident claims must reflect true losses and future medical needs of the victim.

JUDGMENT :

Archana Puri, J.

1. These are two appeals filed by the appellant-claimant, thereby, questioning the adequacy of the compensation awarded by learned Motor Accident Claims Tribunal, firstly vide Award dated 23.03.2012 and secondly, vide Award dated 19.09.2017, on account of injuries sustained by him, in a motor vehicular accident.

2. The accident in question had taken place on 21.05.2009. Suffice to consider that, so far as factum of the accident, involvement of three-wheeler, manner of taking place of the accident as well as the role assigned to respondent No.1 and the liability fastened upon the respondents is concerned, none of the respondents have filed any appeal. Therefore, there is no necessity to further dwell on these aspects.

3. Be it noted that both the appeals have been filed by the appellant-claimant for seeking enhancement of the compensation.

4. At first instance, the claim petition was filed on 12.05.2010. On appraisal of the evidence, brought on record, learned Tribunal besides recording the finding with regard to the manner of taking place of the accident and involvement of three-wheeler, had also further concluded about the claimant to be working as an Advocate and that he had sustained various injuries and further, worked upon the various aspects of compensation, such like, medical expenditure on the treatment, loss of earnings, special diet, pain and suffering, physiotherapy etc. However, with regard to the future medical expenses, learned Tribunal had given an opportunity to file claim petition for future expenses of the treatment, which will be subject to removal of the implants only and not for any other treatment. Thus, the compensation to the extent of Rs.5,10,523/- was awarded.

5. Being aggrieved, the appellant-claimant filed an appeal i.e. FAO-2761-2012 for seeking enhancement of the compensation.

6. Since opportunity was granted for filing the claim petition on the ground of future medical expenditure incurred for removal of the implants, the appellant-claimant had filed another claim petition, on the basis whereof, Award dated 19.09.2017 was passed, vide which, the compensation was awarded to the extent of Rs.1,00,282/- i.e. Rs.75,282/- on account of the medical expenditure incurred and Rs.25,000/-, on the count of 'pain and suffering'.

7. Being aggrieved with this extent of compensation, the appellant-claimant has also filed subsequent appeal i.e. FAO-2281-2018, for seeking enhancement.

8. However, at the very outset, it is pertinent to mention that in the claim petition, initially filed, when the assessment of compensation was worked upon, it was not appropriate for the Tribunal to have kept the compensation, with regard to consequential surgical intervention, as open end. It could have been worked upon as future medical expenses, but however, it was not so done. Neither any of the parties had knocked the door of the Court to challenge the said open end prospective compensation.

9. But anyhow, it is pertinent to mention that in the initial claim petition, the claimant had sought future medical expenses also and therefore, the same can be considered in the appeal i.e. FAO-2761-2012. The maintainability of the subsequent claim petition, as inevitable consequence for removal of the implants is more or less of academic interest, at present, since this aspect could be considered, while considering the initial Award.

10. It is categoric claim of the appellant that he is an Advocate, practising at Jalandhar. He was 40 years, at the time of accident. He had sustained multiple injuries, including compound fracture on the upper end of right tibia, wi