An injured claimant with over 20% whole-body disability is entitled to 40% future prospects.

The claimant sustained multiple fractures in a road accident on 24 November 2022, allegedly caused by the negligent driving of a car owned by respondent No. 1.

The Tribunal awarded him ₹13,16,655, including compensation for future loss of income based on 21% whole-body disability, and directed the insurer to pay the award with 6% interest.

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

The High Court considered the appeal with the consent of counsel for the claimant and insurer.

1. Whether the compensation awarded by the Tribunal required enhancement in light of the claimant’s injuries, disability, and future medical needs.

2. Whether the enhanced compensation was payable with interest, and what directions should govern its payment.

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

In assessing compensation for a motor-accident injury claim, the Court applied the multiplier method to calculate loss of future income, using the claimant’s age, assessed disability, and income; it applied 40% future prospects because the disability was assessed at more than 20%.

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

No precedent is cited in the judgment.

The Court upheld the Tribunal’s use of multiplier 17, monthly notional income of ₹15,500, and whole-body disability of 21%.

It then applied 40% future prospects and recalculated future income loss at ₹9,29,628.

Having regard to the claimant’s multiple compound fractures, it increased compensation for pain and suffering and loss of amenities, allowed three months’ income during the laid-up period, and enhanced future medical expenses in view of the doctor’s evidence concerning implant-removal surgery.

It recalculated the total award at ₹17,01,363.

The claimant was awarded enhanced compensation of ₹3,84,708, over and above the Tribunal’s award.

Interest at 6% per annum from the date of the petition until realization was granted on ₹3,64,708; no interest was payable on the enhanced future-medical-expense component of ₹20,000, and interest was excluded for the 213-day delay in filing the appeal.

The insurer was directed to deposit the enhanced amount with applicable interest within six weeks.

Fifty per cent of the enhanced compensation was to be placed in a three-year fixed deposit in the claimant’s name, with the balance released to him.