Chhattisgarh HC Raises Injured Advocate’s Compensation To ₹11.92 Lakh, Assessing 10% Functional Disability From Leg Injury

The claimant, an advocate, sustained a fracture to his left leg in a road accident on 5 January 2020. He was hospitalised for approximately 45 days and received treatment at different hospitals. A disability certificate assessed disability at 70% of the left leg and 24% of the whole body.

The Claims Tribunal awarded him ₹5,30,679, including four months’ loss of income, but made no award for functional disability or future treatment. He appealed under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement.

Section 173 of the Motor Vehicles Act, 1988 provides the basis for an appeal against a Claims Tribunal award.

In assessing compensation, the Court relied on National Insurance Co. Ltd. v. Pranay Sethi, Sarla Verma v. Delhi Transport Corporation, and Magma General Insurance Co. Ltd. v. Nanu Ram, applying their principles on future prospects, multiplier selection, and assessment of compensation.

The Court assessed the claimant’s functional disability and resulting loss of earning capacity on the evidence, and applied a multiplier of 9 having determined his age at 57.

The Tribunal had assessed the claimant’s annual income at ₹6,25,480 based on his income-tax return. The evidence that he had difficulty walking and attending courts, together with the doctor’s testimony that the injury could affect his advocacy work, supported a finding of 10% functional disability for the whole body.

The Court determined his age as 57, added 10% future prospects, deducted income tax, and applied a multiplier of 9, calculating ₹5,74,130 for future loss of income.

It found the existing award for four months’ loss of income during treatment appropriate, but enhanced the sums for medical bills, pain and suffering, and transportation, and awarded ₹50,000 for future treatment.

The claimant was awarded an additional ₹6,61,945, carrying interest at 6% per annum from the date of filing the claim application until realisation; the remaining terms of the Tribunal’s award were left intact.