Facial injuries without fracture did not justify future-income compensation based on a non-treating doctor’s disability assessment.

The claimant sought compensation for injuries sustained in a road accident on 3 January 2022, allegedly caused by the rash and negligent driving of a Brezza car.

The Motor Accident Claims Tribunal awarded global compensation of ₹2,00,000 with interest at 6% per annum.

In his appeal under Section 173(1) of the Motor Vehicles Act, the claimant sought enhancement, contending that his 11% whole-body disability affected his occupation as a driver and warranted compensation for loss of future income.

The appeal was brought under Section 173(1) of the Motor Vehicles Act, 1988.

The Court applied the general principle that compensation for accident-related injuries should be assessed with regard to the injuries sustained and their consequences, including the duration of treatment, mental trauma, and likely future discomfort.

The Court noted that the claimant had facial abrasions and lacerations, including soft-tissue loss, but no fracture.

Although PW-2 assessed 11% whole-body disability, the Tribunal had found that the claimant was not entitled to loss of future income because there was no fracture and the assessing doctor was not the treating doctor; the High Court upheld that conclusion.

However, considering the injuries, treatment duration, mental trauma, and likelihood of future discomfort, the Court found that the global award should be increased.

The claimant was awarded an additional ₹50,000 as global compensation, without interest, payable by the insurer to the Tribunal within six weeks. The claimant was entitled to release of the entire enhanced amount.