Dispute Case No. Red ChM.113/2020
Awarded Compensation: 29,542 THB
The claimant demanded compensation as follows:
- Medical expenses before filing the dispute: 50,000 THB
- Future medical expenses: 150,000 THB
- Other related expenses: 50,000 THB
- Loss of earnings during recovery: 45,160 THB
- Loss of future earning capacity: 100,000 THB
- Non-pecuniary damages: 200,000 THB
The respondent (Company A Insurance Co., Ltd.) was the insurer of the vehicle registered in Samut Prakan, driven by Mr. A on the date of the accident, which collided with the claimant’s car.
The respondent objected to the claims, arguing that:
1.Medical expenses before filing the dispute (50,000 THB) were exaggerated, with no evidence of such loss.
2.Future medical expenses (150,000 THB) were unreasonable since the claimant’s injuries were not serious enough to require long-term treatment.
3.Other related expenses (50,000 THB) were unfounded.
4.Loss of earnings (45,160 THB) was unsubstantiated, as the claimant continued receiving salary.
5.Loss of future earning capacity (100,000 THB) and non-pecuniary damages (200,000 THB) were baseless.
The respondent claimed the demands were made in bad faith and thus should not be liable.
Issues for Consideration:
1.Is the respondent liable to compensate the claimant, and to what extent?
2.Is the claimant entitled to claim 15% annual interest from the date of filing until full payment?
Arbitration Decision
Medical expenses before filing the dispute
Evidence confirmed the claimant received treatment at Hospital A and Hospital S, paying 425 THB and 4,737 THB respectively, totaling 5,162 THB. The respondent failed to refute this evidence.
➡ The respondent must compensate 5,162 THB.
Future medical expenses
The claimant initially claimed 150,000 THB but later testified for 21,400 THB. Since the treatment methods cited (high-power laser, MRI) were not medically prescribed, and the claimant only researched them online without medical recommendation, the claim lacked justification.
➡ The respondent is not liable for future medical expenses.
Other related expenses
Transportation to the hospital (approx. 35.9 km, 3 trips) cost 1,800 THB, which was reasonable and uncontested. However, the 200 THB fee for requesting medical records was litigation-related and not compensable.
➡ The respondent must compensate 1,800 THB.
Loss of earnings during recovery
The claimant, a state enterprise employee earning 22,580 THB/month, alleged 2 months of lost income (45,160 THB). However, testimony later confirmed only 1 month of leave. Under labor law, sick leave up to 30 days per year is paid. No evidence proved salary deduction.
➡ The respondent is not liable for 22,580 THB claimed salary loss.
➡ The claim for loss of additional freelance income (air conditioning installation and electrical work) of 39,000 THB was also dismissed due to insufficient proof.
Loss of future earning capacity
- As a state enterprise employee: The claim that sick leave beyond 15 days affects promotions and bonuses was inaccurate. Regulations only apply to special promotions, not standard salary increases or annual bonuses. No evidence proved loss of benefits.
- As a freelance technician: No valid evidence confirmed such employment.
➡ The respondent is not liable for this claim.
Non-pecuniary damages
Medical records confirmed rib fractures and bruises requiring 30 days of rest. However, no severe suffering was proven beyond temporary discomfort. The claim for 200,000 THB was deemed excessive.
➡ The tribunal awarded 20,000 THB.
Final Award
The respondent must compensate the claimant as follows:
1.Medical expenses before filing: 5,162 THB
2.Other related expenses: 1,800 THB
3.Non-pecuniary damages: 22,580 THB
➡ Total: 29,542 THB, plus 15% annual interest from the date of filing until payment in full.
Arbitration costs are to be borne by the respondent. Payment must be made within 30 days from receipt of this award.
Legal References: Civil and Commercial Code, Sections 877, 446
Arbitrator: Mr. Somchai Yuwawitthayaphanit
Dispute Case No.: ChM.96/2020
Editorial Note
Although the arbitrator concluded the claimant was not severely affected, the working group observed that the claimant did endure suffering since the accident. The arbitrator’s dismissal of this aspect may not fully reflect the claimant’s hardship. Additionally, under the insurance policy terms, once the insurer denied compensation, interest at 15% per year should apply a condition the insurer was fully aware of but still contested.
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