Amputation and associated injuries warranted 80% whole-body disability for future-earnings compensation.

The claimant, then aged 17, sustained multiple injuries, including a right-leg amputation, when a car collided with the scooter he was riding on 20 January 2018.

He sought compensation before the Senior Civil Judge and Additional MACT, Bailhongal. The Tribunal awarded ₹12,86,612. The claimant appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement.

Section 173(1) of the Motor Vehicles Act, 1988 provides for an appeal against an award of the Claims Tribunal.

In assessing compensation for permanent disability, the Court relied on Amar Singh v. Rajendra Singh, which states that functional disability must reflect the injury’s actual impact on earning capacity, rather than merely the percentage of physical impairment.

It also referred to S. Ettiappan v. D. Kumar, concerning reasonable compensation for an artificial limb where the evidence does not establish its precise cost.

Applying National Insurance Co. Ltd. v. Pranay Sethi, the Court added 40% of the claimant’s income for future prospects.

The Court considered the amputation and other injuries, together with the evidence that the claimant had difficulty walking, standing and performing routine work.

It assessed his functional disability at 80% of the whole body, rather than the lower assessment adopted by the Tribunal.

Using the 2018 notional income of ₹11,750, a 40% addition for future prospects and a multiplier of 18, it calculated loss of future income at ₹28,42,560.

The Court also enhanced compensation for pain and suffering, loss of amenities, laid-up-period income, and attendant, nourishment and incidental expenses; it left the awards for medical expenses, future medical expenses and loss of marriage prospects undisturbed.

The Court enhanced the total compensation from ₹12,86,612 to ₹36,11,372, with interest at 6% per annum from the date of the petition until realisation.

Respondents 1 and 2 were held jointly and severally liable, and the insurer was directed to deposit the compensation with accrued interest before the Tribunal within eight weeks of receiving the certified judgment.