A claimant with 22% whole-body disability is entitled to 10% future prospects.

The claimant sustained fractures in a road accident on 1 July 2022 involving motorcycle No. AP-39-GP-8119.

The MACT awarded compensation of ₹5,39,294, assessed the claimant’s contributory negligence at 15%, and directed the insurer to pay the award with 6% annual interest.

The claimant appealed under Section 173(1) of the Motor Vehicles Act, seeking enhancement and to place the entire negligence on the motorcycle rider.

Whether the claimant was entitled to enhanced compensation for his injuries, disability, and related losses.

Whether the Tribunal’s finding that the claimant was 15% contributorily negligent should be disturbed.

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

In assessing compensation, the Court applied the claimant’s age-based multiplier, the applicable notional income, and the percentage of whole-body disability; it also considered future prospects in calculating loss of future income.

The Court assessed compensation under distinct heads, including pain and suffering, amenities, laid-up-period income, medical expenses, future medical expenses, attendant and related expenses, and loss of future income.

It applied the Tribunal’s 15% finding of contributory negligence, leaving the claimant entitled to 85% of the enhanced compensation.

No precedent was cited.

The Court accepted the Tribunal’s multiplier of 11 and notional monthly income of ₹15,500, but increased the whole-body disability assessment from 15% to 22%, relying on the doctor’s evidence and the claimant’s age and occupation; it applied 10% future prospects because the disability exceeded 20%.

It enhanced compensation for pain and suffering, amenities, laid-up-period income, and future medical expenses, while revising attendant, conveyance, food, and nourishment expenses in light of the claimant’s 11-day hospital admission.

It otherwise retained the Tribunal’s 15% contributory-negligence finding.

The Court assessed total compensation at ₹8,84,526, an increase of ₹3,45,232 over the Tribunal’s award.

After applying 15% contributory negligence, it awarded the claimant ₹2,93,447 in enhanced compensation, with 6% annual interest from the date of the petition until realization, except that no interest was payable on the ₹15,000 enhancement in future medical expenses.

The insurer was directed to deposit the enhanced amount within six weeks; 50% of the enhancement was to be placed in fixed deposit and the balance released to the claimant.