Compensation in motor vehicle accidents must fully restore claimants' financial status, considering future medical expenses and loss of earning capacity, as per established legal precedents.

JUDGMENT :

Sudeepti Sharma J.

The present appeal has been preferred against the award dated 05.10.2016 passed in the claim petition filed under Sections 166 and 140 of the Motor Vehicles Act, 1988 by the learned Motor Accident Claims Tribunal, Kurukshetra (for short, 'the Tribunal') for enhancement of compensation granted to the appellant/claimant to the tune of Rs.3,79,693/-along with interest at the rate of 9% per annum, on account of injuries sustained by the appellant/claimant in a Motor Vehicular Accident, occurred on 09.09.2015.

2. As sole issue for determination in the present appeal is confined to quantum of compensation awarded by the learned Tribunal, a detailed narration of the facts of the case are not required to be reproduced for the sake of brevity.

SUBMISSIONS OF LEARNED COUNSEL FOR THE PARTIES

3. The learned counsel for the appellant/claimant contends:-

(i) That the compensation awarded by the learned Tribunal is on the lower side and deserves to be enhanced.

(ii) That the amount awarded towards loss of income during treatment, loss of future income, transportation charges, special diet, pain and suffering, loss of amenities and attendant charges is on lower side. Further contends that no amount has been awarded by the learned Tribunal for medical expenses for future treatment.

Therefore, he prays that the present appeal be allowed and the compensation awarded to the appellant/claimant should be enhanced, as per latest law.

4. Per contra, learned counsel for the respondents, however, vehemently argue that the award has rightly been passed and the amount of compensation as assessed by the learned Tribunal has rightly been granted. Therefore, they pray for dismissal of the appeal.

5. I have heard learned counsel for the parties and perused the whole record of this case with their able assistance.

SETTLED LAW ON COMPENSATION

6. Hon'ble Supreme Court has settled the law regarding grant of compensation with respect to the disability. The Apex Court in the case of Raj Kumar Vs. Ajay Kumar and Another (2011) 1 Supreme Court Cases 343, has held as under:-

5. The provision of the Motor Vehicles Act, 1988 ('Act' for short) makes it clear that the award must be just, which means that compensation should, to the extent possible, fully and adequately restore the claimant to the position prior to the accident. The object of awarding damages is to make good the loss suffered as a result of wrong done as far as money can do so, in a fair, reasonable and equitable manner. The court or tribunal shall have to assess the damages objectively and exclude from consideration any speculation or fancy, though some conjecture with reference to the nature of disability and its consequences, is inevitable. A person is not only to be compensated for the physical injury, but also for the loss which he suffered as a result of such injury. This means that he is to be compensated for his inability to lead a full life, his inability to enjoy those normal amenities which he would have enjoyed but for the injuries, and his inability to earn as much as he used to earn or could have earned. (See C.K. Subramonia Iyer v. T. Kunhikuttan Nair, AIR 1970 Supreme Court 376, R.D. Hattangadi v. Pest Control (India) Ltd., 1995 (1) SCC 551 and Baker v. Willoughby, 1970 AC 467).

6. The heads under which compensation is awarded in personal injury cases are the following :

(i) Expenses relating to treatment, hospitalization, medicines, transportation, nourishing food, and miscellaneous expenditure.

(ii) Loss of earnings (and other gains) which the injured would have made had he not been injured, comprising :

(iii) Future medical expenses. Non-pecuniary damages (General Damages)

(i