A below-knee amputation preventing a driver from driving constitutes 100% functional disability.

The claimant, a truck driver aged 29, suffered a severe crush injury in a road accident on 14 April 2005, resulting in amputation of his right leg below the knee.

He claimed compensation from the truck’s owner and insurer.

The Motor Accident Claims Tribunal assessed his physical disability at 70%, treated it as his functional disability, and awarded Rs. 5,27,614 with interest at 7.5% per annum.

The claimant appealed, seeking enhancement, including compensation for loss of future earning capacity, pain and suffering, loss of amenities, and a prosthetic limb.

Whether the claimant’s below-knee amputation and inability to continue working as a truck driver warranted assessment of functional disability at 100% for calculating future loss of earnings.

Whether the Tribunal’s award required enhancement, including an addition for future prospects and compensation for pain and suffering, loss of amenities, and prosthetic and future medical expenses.

Section 173 of the Motor Vehicles Act, 1988 provides for an appeal against an award of the Claims Tribunal.

Under Raj Kumar v. Ajay Kumar, (2011) 1 SCC 343, the percentage of physical disability is not mechanically equated with the percentage of loss of earning capacity; the Tribunal must assess the disability’s effect on the claimant’s actual occupation and earning capacity.

The Court also relied on M. Paramesh v. VRL Logistics Ltd., 2026 LiveLaw (SC) 641, reiterating that functional disability may be higher than physical disability, including 100%, depending on the claimant’s occupation and injuries.

Under National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680, future prospects are added to established income; the Court applied a 40% addition and a multiplier of 17 for the claimant, aged 29.

The medical evidence established a below-knee amputation and permanent physical disability of 70%.

However, the claimant had been driving a heavy goods vehicle, and the treating doctor’s evidence that he could no longer perform that occupation was not seriously controverted.

Applying Raj Kumar and M. Paramesh, the Court assessed his functional disability at 100% for loss of earning capacity.

It upheld the Tribunal’s monthly income assessment of Rs. 3,000, reasoning that truck driving required specific skill and could not be equated with unskilled work.

It then applied a 40% addition for future prospects and multiplier 17, and enhanced the non-pecuniary and prosthetic-related awards in light of the amputation, treatment, and lasting effects of the injury.

The Court awarded enhanced compensation of Rs. 9,28,800, with interest at 7.5% per annum from the date of the claim petition until realization, and directed the Insurance Company to deposit the enhanced amount with accrued interest within 12 weeks.

The Tribunal was directed to disburse the amount to the claimant after verification and in accordance with procedure; the Tribunal’s award was modified accordingly.

The compensation table states a grand total of Rs. 14,56,614, although its listed heads add to Rs. 14,56,414; the Court’s stated enhanced amount is Rs. 9,28,800.