A claimant with whole-body disability exceeding 20% is entitled to 40% future prospects in calculating loss of future income.

The claimant sustained multiple injuries in a road accident on 9 February 2024 involving a Maxi Cab Mini Bus.

The MACT awarded him ₹7,57,590, including ₹6,41,520 for loss of future income, and applied an 18% whole-body disability assessment

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

The High Court considered the appeal with the insurer’s consent at the admission stage

1. Whether the Tribunal correctly assessed the claimant’s income and whole-body disability for calculating loss of future income

2. Whether the amounts awarded under the other compensation heads required enhancement in light of the claimant’s injuries and hospitalisation

Section 173(1) of the Motor Vehicles Act, 1988 provides the statutory basis for an appeal against a MACT award

In assessing compensation for permanent disability, the Court applied the principles that limb disability must be converted into whole-body disability—one-third of lower-limb disability and one-fourth of upper-limb disability—and that future prospects at 40% were applicable here because the assessed whole-body disability exceeded 20%

For income, the Court adopted the Karnataka State Legal Services Authority’s 2024 notional-income figure of ₹17,000 per month; it applied multiplier 18 based on the claimant’s age

The Court substituted the Tribunal’s monthly income of ₹16,500 with ₹17,000 and retained multiplier 18, given the claimant’s age.

It derived 22% whole-body disability from the doctor’s assessment of 46% disability to the lower limb and 28% to the upper limb, applying the stated limb-to-whole-body conversion, and added 40% future prospects.

Applying those figures, it calculated future-income loss at ₹11,30,976.

It also increased pain and suffering to ₹1,00,000 and loss of amenities to ₹70,000, and adjusted attendant, conveyance, food and nourishment charges to ₹19,000 for 19 days’ hospitalisation.

It retained medical expenses at ₹11,570 and recalculated laid-up-period income at ₹51,000 for three months.

The Court enhanced the total compensation from ₹7,57,590 to ₹13,82,546, granting an additional ₹6,24,956 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% was to be released to the claimant and 50% placed in a three-year fixed deposit