Case Note & Summary
The appeal was filed by the claimant, a minor represented by his father, under Section 173(1) of the Motor Vehicles Act, 1988, challenging the judgment and award dated 04.11.2017 passed by the Principal Senior Civil Judge and MACT, Kolar, in MVC No.258/2013. The claimant sustained injuries in a road traffic accident on 07.08.2013 at about 8.45 a.m. near Tekal-Thoralakki road when a tipper lorry bearing No.WB-29-4841 dashed against him. He filed a claim petition under Section 166 of the MV Act seeking compensation. The Tribunal, after considering the facts and evidence, awarded a compensation of Rs.15,90,500/- with interest at 6% p.a. from the date of petition till realisation. The claimant sought enhancement of compensation. The High Court, after hearing the parties, found that the Tribunal had not awarded any amount for future medical expenses and had awarded a meager amount for pain and suffering. The Court enhanced the compensation by Rs.1,50,000/- for future medical expenses and Rs.50,000/- for pain and suffering, making the total compensation Rs.17,90,500/-. The rate of interest was maintained at 6% p.a. The appeal was partly allowed.
Headnote
A) Motor Vehicles Act - Compensation for Injuries - Enhancement of Compensation - Claimant, a minor, sustained grievous injuries in a road accident - Tribunal awarded Rs.15,90,500/- with 6% interest - High Court enhanced compensation by Rs.1,50,000/- for future medical expenses and Rs.50,000/- for pain and suffering, totaling Rs.17,90,500/- with 6% interest - Held that compensation must be just and proper, considering future medical needs and pain (Paras 1-6).
Issue of Consideration
Whether the compensation awarded by the Tribunal is just and proper and whether the claimant is entitled to enhancement.
Final Decision
Appeal partly allowed; compensation enhanced from Rs.15,90,500/- to Rs.17,90,500/- with interest at 6% p.a. from date of petition till realisation.
Law Points
- Motor Vehicles Act
- 1988
- Section 173(1)
- Section 166
- Compensation for injuries
- Future medical expenses
- Pain and suffering
- Interest rate
