Enhancement of personal injury compensation by adopting minimum wages for income assessment and adding future prospects.

The appellant/claimant filed an appeal under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal (MACT), Bhatapara, in Claim Case No. 84/2018.

The appellant had suffered injuries in a motor vehicle accident involving a Hywa Truck (No. C.G.04 L.E. 9705).

The Tribunal originally awarded a total compensation of Rs. 2,82,883/-.

The appellant challenged this amount, contending that the Tribunal incorrectly assessed his monthly income at Rs. 6,000/-, failed to include future prospects, and applied an incorrect multiplier.

1. Whether the compensation awarded by the Claims Tribunal was just and proper or required enhancement based on the minimum wage notifications and established principles for future prospects.

The Court applied the provisions of the Motor Vehicles Act, 1988, specifically Section 173 regarding appeals.

It relied on the Minimum Wages Notification prevailing at the time of the accident to determine income.

The Court applied established judicial principles regarding the addition of "future prospects" (calculating a 10% increase for the injured) and the selection of the appropriate multiplier (11) based on the age of the claimant.

The Court found that the Claims Tribunal erred in its assessment of the appellant's monthly income. While the Tribunal recorded income at Rs. 6,000/-, the Court determined that as per the minimum wage notification, it should have been Rs. 8,140/-.

The Court calculated the loss of income by adding 10% for future prospects to the annual income (Rs. 97,680 + 10%), then calculating the 20% permanent disability of that sum, and finally applying a multiplier of 11, totaling Rs. 2,36,385/- for loss of income.

Additionally, the Court found the awards under non-pecuniary heads such as "Pain and Suffering," "Diet," and "Loss of Amenities" to be insufficient, and noted that the Tribunal failed to award any amounts for "Attendant" and "Transportation" costs.

Respondent No. 3 (Insurance Company) is directed to deposit the enhanced amount within three months with interest at 9% per annum from the date of the claim application (26/03/2018) until realization. All other conditions of the original award remain intact.