For 2013 motor-accident claims, notional monthly income of ₹8,000 applies absent proof of earnings.

The claimant, aged 30, sustained fractures to his right radius, left clavicle and right little finger in a road accident on 16 April 2013 involving a bus.

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

The Tribunal found the bus driver negligent and awarded ₹3,54,800 with interest at 9% per annum.

The claimant appealed, seeking enhancement, including for loss of income during treatment and future medical expenses

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

The claim arose under Section 166 of the Motor Vehicles Act, 1988, and the appeal was brought under Section 173(1) of that Act

In assessing compensation, the Court applied the 2013 notional monthly income of ₹8,000, used a multiplier of 17, and assessed the claimant’s loss of earning capacity at 20%.

The judgment cited no precedent.

The claimant had not produced documentary evidence of his asserted monthly income of ₹12,000. The Court therefore applied the 2013 notional income of ₹8,000 and retained the Tribunal’s 20% assessment of loss of earning capacity, calculating future loss of income at ₹3,26,400 (₹8,000 × 20% × 12 × 17).

It found no basis to enhance the amounts for pain and suffering, medical expenses, incidental expenses or loss of amenities.

However, because the Tribunal had omitted loss of income during the laid-up period, and the fractures would ordinarily take three months to heal, the Court awarded ₹24,000 under that head.

It rejected future medical expenses for want of evidence of implants, removal surgery or further treatment

It modified the award, increasing total compensation from ₹3,54,800 to ₹4,60,400, with interest at 9% per annum from the claim date, excluding the 154-day delay in filing the appeal.

The insurer was directed to deposit the enhanced compensation within six weeks, after which it was to be transmitted to the claimant