Enhancement of motor accident compensation through upward revision of functional disability and inclusion of future prospects.

The appellant/claimant filed an appeal under Section 173 of the Motor Vehicles Act, 1988, challenging the award dated 25.10.2017 passed by the 3rd Additional Motor Accident Claims Tribunal (MACT), Raipur.

In Claim Case No. 550/2016, the Tribunal fastened liability on the H.D.F.C. General Insurance Company Ltd. to pay a compensation of ₹4,69,294/- for injuries sustained in an accident involving a bus (registration No. CG/05/C/5331).

The appellant sought enhancement of the award, contending that the Tribunal erroneously assessed his permanent disability at 20%, whereas the Medical Board had certified 55% disability.

1. Whether the Claims Tribunal’s assessment of 20% permanent disability was correct in view of the medical evidence provided by the Medical Board

2. Whether the appellant is entitled to enhanced compensation under pecuniary and non-pecuniary heads

Section 173 of the Motor Vehicles Act, 1988, regarding appeals against tribunal awards.

Standard multiplier method for calculating compensation for personal injury, which includes assessing monthly income, adding future prospects, and applying the appropriate multiplier based on age.

Established principles for awarding non-pecuniary damages, including "Pain and Suffering," "Loss of Life Expectancy," and "Attendant Charges," to ensure "just compensation" as mandated under the Act.

The Court examined the testimony of Dr. G.S. Dhruv (PW-1), a member of the Medical Board, who confirmed that the appellant would suffer 50% permanent disability in the future.

While the Tribunal had taken only 20% disability, the High Court found it appropriate to revise this to 40% based on the medical evidence.

The Court recalculated the "Loss of Income" by taking a revised monthly income of ₹6,549/- (up from ₹6,000/-), adding 40% for future prospects, and applying a multiplier of 15, resulting in ₹6,60,135/- for that head alone.

Furthermore, the Court determined that the Tribunal’s awards for "Pain & Suffering," "Attendant charges," and "Loss of life expectancy" were insufficient and nearly doubled several of these amounts to reflect the severity of the permanent disability.

The claimant is held entitled to an additional amount of ₹5,53,429/-.

The Insurance Company (Respondent No. 3) is directed to deposit the additional amount within three months of the order, which shall carry interest at 6% per annum from the date of filing the claim application until realization.

All other conditions of the original award were maintained.