A 45% lower-limb disability was assessed as 15% whole-body disability for compensation.

The claimant, aged 40, sustained a proximal tibia fracture in a road accident on 29 September 2023.

The Tribunal awarded him ₹4,64,730, including compensation for 10% whole-body disability, assessed his monthly income at ₹15,500, and awarded interest at 6% per annum.

He appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement.

1. Whether the Tribunal’s assessment of the claimant’s whole-body disability and monthly income should be revised when calculating loss of future income.

2. Whether the compensation awarded under other heads, including laid-up-period income and future medical expenses, required enhancement or adjustment.

The appeal was brought under Section 173(1) of the Motor Vehicles Act, 1988.

The Court applied the principle that, for disability affecting a lower limb, one-third of the lower-limb disability may be taken as whole-body disability.

It calculated loss of future income using monthly income × 12 × applicable multiplier × whole-body disability percentage.

The Court accepted the doctor’s evidence of 45% lower-limb disability and applied the one-third approach, fixing whole-body disability at 15% rather than the Tribunal’s 10%.

Given the claimant’s occupation as a driver and his driving licence, it assessed monthly income at ₹18,000.

Applying the multiplier of 15, it calculated future income loss at ₹4,86,000.

It retained the awards for pain and suffering, amenities and medical expenses, combined attendant, conveyance, and nourishment charges at ₹11,000 for the 11-day hospital stay, increased laid-up-period income to ₹54,000, and enhanced future medical expenses to ₹25,000, without interest on the additional ₹5,000.

The Court fixed total compensation at ₹6,65,430, an increase of ₹2,00,700 over the Tribunal’s award, with interest at 6% per annum from the petition date to realization, except on the additional ₹5,000 for future medical expenses.

The judgment’s paragraph 14 states the enhancement as ₹2,00,730; the operative order specifies ₹2,00,700.

The insurer was directed to deposit the enhanced compensation within six weeks, and the claimant was entitled to its release.