Entitlement of Injured Claimants Under 40 Years to 40% Future Prospects in Motor Accident Compensation.

On 30th December 2012, the appellant/claimant was hit by an Innova car (HR 55 ET 2689) owned by a commercial tour operator and driven by respondent no. 2.

The claimant, aged 29 at the time, sustained grievous injuries resulting in 84% permanent disability (post-traumatic spastic quadriparesis and cognitive dysfunction) and 90% functional disability.

The MACT awarded total compensation of ₹31,05,708 (later adjusted) vide orders dated 06th June 2018 and 24th July 2018.

The appellant approached the High Court seeking enhancement of compensation, specifically regarding future prospects and attendant charges.

1. Whether future prospects should be granted at the rate of 40% given the claimant was 29 years old at the time of the accident.

2. Whether the attendant charges of ₹30,000 awarded by the MACT were inadequate considering the nature of the disability.

The Court applied the principles regarding the computation of compensation in motor accident claims established in National Insurance Co. Ltd. v. Pranay Sethi and Ors. (2017) 16 SCC 680, which mandates that for an injured victim below 40 years of age, future prospects must be granted at the rate of 40%.

The Court also assessed the reasonableness of non-pecuniary and pecuniary heads based on the severity of injuries and the necessity of life-long assistance for victims with quadriparesis.

The Court observed that the MACT failed to award future prospects despite the claimant being 29 years old, which directly contradicts the mandate in Pranay Sethi.

Applying the 40% future prospects to the monthly income of ₹9,594 and a multiplier of 17, the Court recalculated the loss of future income to ₹24,66,041.76.

Regarding attendant charges, the Court reviewed the medical evidence (Ex. PW2/A), which proved the claimant suffered from quadriparesis (weakness of all four limbs) and cognitive dysfunction, rendering him unable to perform daily routine work.

Although the claimant provided no documentary proof of payment to an attendant, the Court held that the "nature and extent of his injuries" necessitated an enhancement of attendant charges from ₹30,000 to ₹75,000.

The Court ordered a lump sum release of ₹2,00,000 to the claimant, with the remainder to be deposited in phased Fixed Deposit Receipts (FDRs) to ensure long-term support.

The Insurance Company was granted recovery rights against the owner/driver as per the judgment in the connected appeal MAC.APP. 809/2018.