For 2015 accidents, notional monthly income is ₹9,000 where actual earnings are unproved.

On 27 August 2015, Chandrashekar was injured while riding pillion on a motorcycle after its rider applied sudden brakes.

He sought compensation under Section 166 of the Motor Vehicles Act, 1988. The Motor Accident Claims Tribunal found the rider negligent and awarded ₹2,44,720 with interest at 6% per annum. Chandrashekar appealed, seeking enhancement, including correction of the income assessment and compensation for additional heads of loss.

Whether the claimant was entitled to enhancement of compensation

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 a notional monthly income of ₹9,000 for 2015 in the absence of proof of the claimant’s asserted income, and calculated future loss of earnings using the accepted 13% disability and multiplier of 14.

The Court held that the Tribunal had correctly assessed income notionally but used ₹8,000 per month rather than the applicable ₹9,000, increasing future loss of income to ₹1,96,560.

It awarded ₹27,000 for three months’ loss of income during recovery, enhanced pain-and-suffering compensation to ₹50,000, and added ₹25,000 for loss of amenities and ₹10,000 for attendant and incidental expenses. The reassessed total of ₹4,11,018 also included medical expenses of ₹62,458 and the unchallenged ₹40,000 for future medical expenses.

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