P&H: Motor Accident - Compensation Enhanced for Injured Claimant With Serious Head Injuries and Raises Interest to 9%

punjab-haryana
⚖️ Order Date: 02 Jun 2026
Headnotes

Motor Vehicles Act, 1988, Section 166 — Enhancement of compensation — Quantum of compensation for serious head injuries — Claimant sustained grievous head injuries requiring neurosurgical intervention, portion of skull bone was surgically removed and preserved for subsequent re-fixation, and injuries caused prolonged pain, suffering and mental...

Motor Vehicles Act, 1988, Section 166 — Enhancement of compensation — Loss of income during treatment and recovery — In absence of documentary proof of earnings, income could not be fixed at lowest minimum wage without some realistic guesswork - Notional income was assessed at Rs....

Motor Vehicles Act, 1988, Section 166 — Enhancement of compensation — Medical expenses and hospitalization — Though bills were produced for Rs. 4,14,000, compensation under medical expenses and hospitalization was reassessed at Rs. 7,00,000 keeping in view cost factor prevailing at time of accident, follow-up treatment...

Motor Vehicles Act, 1988, Section 166 — Enhancement of compensation — Pain and sufferings and facial disfigurement — Non-pecuniary compensation must be reasonable and commensurate with gravity of injuries, extent of disability, duration of hospitalization, and mental and physical agony endured - Considering invasive surgery, serious...

Motor Vehicles Act, 1988, Section 166 — Enhancement of compensation — Special diet, conveyance and attendant charges — Where serious injuries require prolonged post-operative care, inadequate compensation under these heads calls for enhancement. The amount under these heads was reassessed at Rs. 4,00,000. (Paras 10 and 11)

Motor Vehicles Act, 1988, Section 166 — Interest on compensation — The grant of interest at 7% per annum was found not equitable and just - Interest on the enhanced compensation was increased to 9% per annum from the date of institution of the claim...


Facts of the Case

P&H: Motor Accident - Compensation Enhanced for Injured Claimant With Serious Head Injuries and Raises Interest to 9%

The Punjab and Haryana High Court has substantially enhanced the compensation awarded to an accident victim who suffered serious head injuries in a motor vehicular accident and underwent neurosurgical treatment, including removal of a portion of his skull bone for later re-fixation.

The appeal was filed by Sanjiv Kumar against the award of the Motor Accident Claims Tribunal, Kaithal, which had granted Rs. 5,54,017 with interest at 7% per annum. The claimant argued that the amount was far too low considering that he remained hospitalized from August 20, 2020 to September 8, 2020, spent time in coma, and had to...

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