Compensation in motor accident claims must be just and fair, reflecting the victim's pain, suffering, and future prospects, rather than merely a mathematical calculation.

ORDER :

This appeal by the appellant/claimant under Section 173 (1) of the Motor Vehicles Act, 1988 is arising out of the award dated 17.08.2010 passed by Ninth Additional Motor Accident Claims Tribunal (Fast Track), Gwalior (M.P) (hereinafter it would be referred to as ''the Claims Tribunal'') in Claims Case No.17/2009 on account of inadequacy of compensation and seeking enhancement of compensation.

(2) The date of accident, negligence and the issue of liability are not in dispute and the findings recorded by the Claims Tribunal in this regard are not in question.

(3) As per findings of the Tribunal, in the case of injury of the claimant- Ku. Asha (herein appellant), an amount of compensation to the tune of Rs.33,000/- has been awarded by the Claims Tribunal with interest @ 6% per annum from filing of claim petition till its realization.

(4) Learned counsel for the appellant/claimant submitted that Claims Tribunal has committed grave error in awarding the amount of compensation. He further submits that Claims Tribunal has awarded the compensation in lower side, hence, prayed that compensation amount be enhanced on the following grounds:-

(a) The appellant has become a crippled person and her future has become dark due to injuries suffered by her in the alleged accident. She has also become ineligible for getting any employment while also making her marriage prospects is totally diminished.

(b) The appellant has also been hospitalized for a long time and has spent huge amount of money on her treatment including travelling, medicines, special diet expenses etc.

(c) The appellant has not been granted any compensation for gracious service rendered by her family members.

(d) The appellant cannot run, squat or walk due to alleged accident and has lost all amenities of her life and also suffered a lot of pains and sufferings.

(e) The Claims Tribunal awarded a meagre amount of Rs 33,000/-on account of loss of future income, which is minimal and incorrect. The amount awarded by the Claims Tribunal is on the lower side.

(5) On the other hand, learned counsel for respondent/Insurance Company supported the impugned award and prayed for rejection of the appeal.

(6) Heard learned counsel for the parties and perused the record of Claims Tribunal.

(7) So far as the question regarding grant of just and fair compensation to the victim/injured in Motor Accident Claim Case is concerned, the following legal analysis is read as under:-

While it is very difficult to make an accurate assessment of the compensation to be awarded to the motor accident victim as the loss is not confined to the pecuniary value, however, the Motor Vehicles Act, 1988 has provided a protection to the victim against an inadequate compensation. For reference, the Section 168 of the Act is reproduced as under:

168. Award of the Claims Tribunal.-- "(1)On receipt of an application for compensation made under section 166, the Claims Tribunal shall, after giving notice of the application to the insurer and after giving the parties (including the insurer) an opportunity of being heard, hold an inquiry into the claim or, as the case may be, each of the claims and, subject to the provisions of section 162 may make an award determining the amount of compensation which appears to it to be just and specifying the person or persons to whom compensation shall be paid and in making the award the Claims Tribunal shall specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be: Provided that where such application makes a claim for compensation under section 140 in respect of the death or permanent disablement of any person, such claim and any other claim (whether made in such application or otherwise) for compensation in respect of such death or permanent disablement shall be disposed of in accordance with the provisions of Chapter X........"

(8) From perusal of aforesaid Section, it is evident that just c