Compensation enhanced after reassessing notional income and permanent disability at 12%

The claimant was injured in a road accident on 25 July 2017 when a motorcycle struck him while he was working on a road near Nelamangala. He sustained a bimalleolar fracture of the right ankle, underwent surgery and was hospitalised for four days.

The Motor Accident Claims Tribunal awarded him ₹3,67,162 with interest at 7.5% per annum.

He appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement, including on account of disability, pain and suffering, and future medical expenses.

1. Whether the Tribunal’s assessment of the claimant’s compensation required enhancement, particularly for loss of income during the laid-up period, permanent disability, amenities and future medical expenses.

2. Whether the Tribunal’s awards for pain and suffering, attendant charges, extra food and conveyance, and medical expenses required modification.

The appeal was brought 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 judgment cites no separate statutory compensation formula or judicial precedent; it applies the multiplier method to calculate loss of future income.

On reviewing the medical evidence, the Court found no basis to increase the awards for pain and suffering, attendant charges, extra food and conveyance, or medical expenses.

It raised the monthly income used for the laid-up period and future loss calculations from ₹10,000 to ₹11,000, increasing laid-up-period loss by ₹2,000.

For future loss of income, it applied a 12% disability, multiplier of 18 and monthly income of ₹11,000, arriving at ₹2,85,120; it also increased the awards for loss of amenities and future medical expenses by ₹20,000 and ₹25,000 respectively.

These revisions increased the total award to ₹4,83,282.

It directed the insurer to deposit the entire compensation within six weeks and specified interest at 6% per annum on the enhanced amount from the date of the petition until deposit. The Tribunal was directed to release the amount to the claimant upon proper identification.