Gujarat HC raises compensation awarded to accident victim over disability claims

Gujarat High Court has increased the compensation awarded to road accident victim Rajmohini Damor by an additional ₹2.26 lakh, directing the insurance company to pay the enhanced amount within four weeks.

Criticising the tribunal's approach to disability assessment, a single bench of high court observed that tribunals are not duty bound to accept the disability  stated by a medical officer as it is. The tribunals have to apply their mind to the nature of the injuries and the tribunals are expected to discuss the nature of injuries sustained by the claimant and the manner in which it translates into functional disability, more particularly with reference to the avocation of the claimant.

The court discarded the tribunal's addition of 12.5% disability due to disfigurement of face, citing lack of evidence linking it to reduced earning capacity. Instead, it adopted 27% functional disability as opined by the Medical Board for calculating just compensation.

The court emphasised that compensation must be "just and proper" and not excessive or inadequate, noting that the victim's demand for higher compensation was not extravagant. 

The high court upheld the tribunal's award of ₹4,61,500 towards medical expenses as "just and proper". However, it enhanced several other heads:

Special diet, attendance, and transportation: From ₹10,000 to ₹30,000 (additional ₹20,000), considering the claimant's double hospitalisation.

Pain, shock, and suffering: From an implied lower amount to Rs 50,000 (additional Rs 40,000), given the injuries to lower limbs and prolonged treatment.

Actual loss of income for six months: From ₹30,000 to ₹45,000 (additional ₹15,000).

The court in its ruling raised the total compensation from ₹9.26 lakh awarded by the Motor Accident Claims Tribunal (MACT) to approximately ₹11.52 lakh.

The accident occurred on February 12, 2016, near SK Mobile Shop in Gorwa, when Damor was returning home on her Activa scooter after attending a friend's wedding. A car driven rashly and negligently from the opposite direction dashed her vehicle from behind, causing grievous injuries to her lower limbs and other parts of the body. She underwent treatment involving two hospitalisations.