A coolie with femur and tibia fractures is entitled to four months’ laid-up income compensation.

The claimant sought compensation for injuries sustained in a road accident on 14 June 2022, allegedly caused by the negligent driving of a car owned by respondent No. 1.

The Tribunal awarded total compensation of Rs. 9,41,466, including Rs. 5,47,978 for future loss of income, and interest at 6% per annum.

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

The High Court noted that he had sustained fractures of the femur and tibia, and that the doctor assessed disability at 17.33% to the whole body.

Whether the compensation awarded by the Tribunal required enhancement under the heads of pain and suffering, loss of amenities, and loss of income during the laid-up period.

Whether the Tribunal’s assessment of future loss of income, including its assessment of disability, required interference.

The appeal was considered under Section 173(1) of the Motor Vehicles Act, 1988, which provides for an appeal against an award of a Motor Accident Claims Tribunal.

The Court assessed whether the compensation awarded for the claimant’s injuries and resulting losses was just and proper, taking account of the injuries, disability, age, avocation, and period of recuperation.

No precedent was cited.

The Court found the Tribunal’s use of multiplier 17, notional monthly income of Rs. 15,500, and whole-body disability of 17.33% appropriate; it therefore left the future-loss-of-income award unchanged.

Given the fractures and the claimant’s work as a coolie, the Court considered four months’ rest reasonable and increased laid-up-period income to Rs. 62,000, an enhancement of Rs. 52,000 over the Tribunal’s award.

It also increased pain-and-suffering compensation from Rs. 15,000 to Rs. 60,000 and loss-of-amenities compensation from Rs. 10,000 to Rs. 50,000, producing respective enhancements of Rs. 45,000 and Rs. 40,000.

It found no reason to alter the awards for attendant, conveyance, food and nourishment, or loss of life expectancy.

The claimant was awarded enhanced compensation of Rs. 1,37,000, with interest at 6% per annum from the date of the petition until realization.

The insurer was directed to deposit the enhanced amount with interest before the Tribunal within six weeks, and the claimant was permitted to withdraw the entire enhancement.