For 2012 motor accident claims, notional monthly income is assessed at ₹7,000 absent proof.

On 12 October 2012, the claimant was riding a bicycle when a Tempo Trax allegedly driven rashly and negligently struck him, causing fractures to his left femur and pubic rami.

He sought compensation under Section 166 of the Motor Vehicles Act, 1988.

The Tribunal found the vehicle’s driver negligent and awarded ₹3,95,000 with 6% annual interest.

The claimant appealed, seeking enhancement; the vehicle’s insurer opposed the appeal.

The third respondent was deleted from the proceedings.

Whether the claimant was entitled to enhancement of the compensation awarded by the Tribunal

Section 166 of the Motor Vehicles Act, 1988 provides the basis for a claim for compensation arising from a motor vehicle accident, while Section 173(1) provides for an appeal against an award of the Claims Tribunal.

In reassessing compensation, the Court applied the multiplier method to calculate future loss of income and considered the claimant’s injuries, disability, treatment, and period of incapacity when assessing the relevant heads of damages.

No precedent was cited.

The claimant’s asserted monthly income of ₹15,000 was not supported by specific evidence.

The Court nevertheless found the Tribunal’s notional income assessment of ₹5,000 per month too low for an accident in 2012 and adopted ₹7,000.

Applying the undisputed 25% loss of earning capacity and multiplier of 18, it assessed future loss of income at ₹3,78,000.

Given the femur and pubic rami fractures, it increased pain-and-suffering compensation to ₹50,000 and awarded ₹21,000 for three months’ loss of income during recovery.

It considered the existing awards for medical and incidental expenses and loss of amenities adequate.

The Court enhanced compensation from ₹3,95,000 to ₹5,44,000, carrying interest at 6% per annum from the date of the claim petition until deposit, excluding the 219-day delay in filing the appeal.

The insurer was directed to deposit the amount with interest before the Tribunal within six weeks, and the entire compensation was ordered to be released to the claimant.