A 25% functional disability warranted 40% future prospects in calculating loss of future income.

The claimant sustained injuries in a road accident on 14 January 2022, allegedly caused by the negligent driving of a car.

She sought compensation before the MACT, which awarded ₹12,42,469, including ₹5,95,200 for loss of future income, and directed the insurer to pay.

On appeal, the claimant sought enhancement.

The High Court considered her injuries, the medical evidence on disability, and the compensation awarded under the different heads.

1. Whether the compensation awarded by the Tribunal required enhancement in light of the claimant’s injuries and evidence concerning disability.

2. Whether the claimant’s functional disability and entitlement to future prospects justified recalculation of loss of future income.

The appeal was brought under Section 173(1) of the Motor Vehicles Act.

In assessing compensation, the Court considered the claimant’s age, notional income, applicable multiplier, functional disability, and the evidence of the treating/examining doctors.

It held, on the facts of this case, that where the disability adopted for calculation exceeded 20%, the claimant was entitled to 40% future prospects.

No precedent was cited.

The Court accepted the Tribunal’s notional income of ₹15,500 per month and multiplier of 16, but, having regard to the medical evidence and the claimant’s occupation, assessed her functional disability at 25%, rather than the 20% used by the Tribunal.

It applied 40% future prospects and recalculated loss of future income as ₹10,41,600.

The Court also enhanced pain and suffering from ₹60,000 to ₹1,20,000, loss of amenities from ₹25,000 to ₹80,000, and future medical expenses from ₹15,000 to ₹30,000, while affirming the other heads.

The Court increased the total compensation to ₹18,18,869, granting enhanced compensation of ₹5,76,400 over the Tribunal’s award, with interest at 6% per annum from the date of the petition until realisation.

The insurer was directed to deposit the enhanced amount with interest within six weeks; 50% of the compensation was to be released to the claimant, with the balance placed in a three-year fixed deposit.