The court enhanced the compensation in a motor accident claim by incorporating future prospects and adjusting other heads of compensation to ensure a just and fair award for the claimant.

Judgment on Board

1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant/claimant seeking enhancement of compensation challenging the impugned award dated 11/10/2019 passed by learned 1st Additional Motor Accident Claims Tribunal, Rajnandgaon in Claim Case No. 80/2018 whereby compensation of Rs. 4,70,000/- has been awarded in favour of the appellant/claimant for the injuries suffered by him.

2. Learned counsel for the appellant/claimant would submit that the Claims Tribunal ought to have granted 25% towards future prospect as well as more compensation in other heads, therefore, the amount of compensation may suitably be enhanced.

3. Learned counsel for respondent No. 3 would submit that the compensation awarded by the Claims Tribunal is just and proper and does not warrant any interference by this Court.

4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the record with utmost circumspection.

5. After hearing learned counsel for the parties and after going through the record, this Court is computing the compensation as mentioned below :-

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6. Thus, the amount of compensation of Rs. 4,70,000/- awarded by the Claims Tribunal is enhanced to Rs. 9,23,175/-. Hence, the appellant is held entitled for an additional amount of Rs. 4,53,175/-. The additional amount of compensation shall carry interest @ 8.5% per annum from the date of filing of claim application before the Tribunal i.e. 19/06/2018 till its realization. The rest of the conditions of the impugned award shall remain intact.

7. Accordingly, the impugned award is modified and the appeal is allowed to the extent indicated herein-above.