Enhanced Compensation in Personal Injury Case

In a recent legal case, the High Court enhanced compensation for a personal injury based on a thorough analysis of the claimant’s severe injuries and permanent disability. The court’s decision was influenced by the claimant’s inability to perform daily activities, extensive medical treatments, and the lack of appearance by the insurance companies. Stay tuned for more insights on this significant legal development.

Facts

The High Court enhanced the compensation to Rs. 27,36,541/- from the original amount of Rs. 19,98,000/- awarded by the Tribunal.
Respondent nos. 3 & 4 – Insurance Companies did not enter appearance despite being served through registered A.D. post.
The claimant has filed the present appeal against the High Court’s judgement partly allowing the appeal and increasing the compensation amount.
The Tribunal had initially awarded Rs. 19,98,000/- as compensation under various heads.
The claimant suffered multiple injuries including lacerated wounds on the face, scalp, and right ear, as well as a suspected leg fracture.
He was bedridden and unable to perform daily activities without assistance.
Medical assessment determined 82% permanent disability with no likelihood of improvement.
Extensive operations were performed including right subfrontal craniotomy, repair of right ear, tibial interlock nailing, and tracheostomy.
Based on the severity of injuries and prolonged hospitalization, an enhancement of compensation was considered.
The appeal was allowed in part, with a total sum of Rs. 29,36,541 awarded including Rs. 3,00,000 for loss of amenities, joy, and pain/suffering.
Interest at 7% per annum was specified on the awarded amount.
The claimant was indoor patient for 45 days following a vehicular accident involving a trailer.
Initial treatment at CIMS Hospital, Bilaspur and subsequent care at Apollo Hospital, Bilaspur.