Facial injuries affecting marriage prospects justify enhanced compensation for loss of amenities.

The claimant sought compensation for injuries sustained in a road accident on 6 February 2021, allegedly caused by the negligent driving of a Baleno car.

The Tribunal awarded him ₹4,05,000 under various heads, including ₹1,50,000 for loss of future amenities and happiness, but made no award for loss of future income.

The claimant appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement.

The High Court recorded that he was 25 at the time of the accident, had sustained facial fractures and reduced mouth opening, and was unmarried.

1. Whether the Tribunal was justified in declining to award compensation for loss of future income due to disability.

2. Whether the compensation awarded for loss of future amenities and happiness should be enhanced in light of the claimant’s facial injuries and reduced mouth opening.

The appeal was brought under Section 173(1) of the Motor Vehicles Act, 1988, which provides for an appeal from an award of a Motor Accident Claims Tribunal.

The Court applied no expressly identified precedent or further statutory test. It assessed the compensation in light of the evidence concerning the claimant’s injuries, their continuing effects, and whether a loss of future income had been established.

The Court upheld the Tribunal’s refusal to award loss of future income because the claimant had not established that he had lost his Myntra employment or that his disability caused a loss of future earnings.

It also found the awards for pain and suffering, laid-up-period income, and attendant, conveyance, food and nourishment expenses appropriate, noting the claimant’s injuries and 21-day hospital admission.

However, the claimant’s facial injuries, reduced mouth opening, and unmarried status supported a higher award for loss of amenities, including the impact on his marriage prospects; the Court therefore increased that award from ₹1,50,000 to ₹3,00,000.

The insurer was directed to deposit the enhanced amount with interest before the Tribunal within six weeks, and the claimant was entitled to release of the entire enhanced amount.