Court grants additional Rs.50,000 to claimant with fractured patella, criticizes tribunal for undervaluing injury and medical evidence
In a significant judgment dated September 29, 2026, the Madhya Pradesh High Court, Jabalpur Bench, presided by Justice B.P. Sharma, partially allowed an appeal filed by Suraj Prasad Chakraverti, who sustained serious injuries in a motor vehicle accident. The appellant had originally been awarded Rs.63,970 by the 17th Upper Motor Accident Claims Tribunal, Jabalpur, primarily covering medical expenses but excluding compensation for permanent disability.
The appellant suffered a fracture of the patella bone and underwent prolonged medical treatment across various hospitals. He sought compensation not only for medical expenses but also for permanent disability, pain and suffering, hospitalization, and special diet. However, the Tribunal declined to recognize the permanent disability claim, relying largely on the fact that the medical examination by Dr. Navin Kothari took place about one year after the accident.
Challenging this, the High Court held that the timing of the medical examination alone could not invalidate the evidence of permanent disability, especially considering the nature of the injury and length of treatment. The Court emphasized that a fracture of the patella bone is a grave injury warranting serious consideration of permanent disability claims.
Further, the Court found that the compensation awarded by the Tribunal for medical expenses and ancillary claims such as pain and suffering and special diet was inadequate. The appellant had submitted medical bills and investigation reports substantiating expenses amounting to approximately Rs.70,000, while the Tribunal awarded less.
Taking these factors into account, the High Court enhanced the compensation by an additional lump sum of Rs.50,000, over and above the amount awarded by the Tribunal, to adequately reflect the appellant's suffering and expenses. The enhanced amount will carry interest at the same rate as the original award, calculated from the date of the claim petition until realization. However, the Court excluded the period from January 31, 2014, to August 13, 2024, from interest calculation due to the appellant's default.
The respondent insurance company was directed to pay the enhanced amount along with interest within two months. Other findings of the Tribunal remain undisturbed. This judgment underscores the judiciary's commitment to ensuring just compensation reflecting the true impact of injuries sustained in motor vehicle accidents, and clarifies that procedural technicalities such as delayed medical examination should not undermine legitimate claims of permanent disability.
Bottom Line:
Motor Vehicles Act - Injury claim - Tribunal erred in discarding medical evidence of permanent disability merely because doctor examined claimant one year after accident - Considering fracture of patella bone, prolonged treatment and inadequate amounts awarded towards pain and suffering, hospitalization and special diet, compensation enhanced by lump sum Rs.50,000/- with interest, excluding default period attributable to claimant.
Statutory provision(s):
Motor Vehicles Act, 1988 Section 173
