For 2023 accidents, future loss of income must be calculated using a monthly notional income of ₹16,250.

The claimant sought compensation for injuries sustained in a road accident on 2 November 2023, allegedly caused by the negligent driving of a goods vehicle.

The Tribunal awarded him ₹9,10,292, including compensation for pain and suffering, loss of amenities, medical expenses, and loss of future income, with interest at 6% per annum.

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

The High Court considered the appeal with the consent of counsel for the claimant and the insurer.

1. Whether the Tribunal’s assessment of compensation for loss of future income required revision based on the applicable notional income for 2023.

2. Whether the amounts awarded for pain and suffering, loss of amenities, and future medical expenses should be enhanced in light of the claimant’s injuries and evidence regarding implant removal.

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

In assessing loss of future income, the Court applied the calculation of monthly income × 12 × multiplier × percentage of disability; it adopted a notional monthly income of ₹16,250 for 2023, a multiplier of 17 for the claimant’s age, and the Tribunal’s undisputed disability assessment of 13%.

The Court found that the Tribunal had used monthly income of ₹16,000 rather than the applicable notional income of ₹16,250. Retaining the multiplier of 17 and the undisputed disability assessment of 13%, it recalculated loss of future income at ₹4,30,950, an increase of ₹6,630.

Considering the claimant’s left proximal tibia fracture, it increased pain-and-suffering compensation from ₹30,000 to ₹40,000 and loss-of-amenities compensation from ₹20,000 to ₹30,000.

Since the doctor testified that the claimant would require surgery to remove the implants, the Court increased future medical expenses from ₹20,000 to ₹30,000. It left the awards for laid-up-period income, attendant and conveyance charges, and medical expenses unchanged.

The Court enhanced total compensation from ₹9,10,292 to ₹9,46,922, granting an additional ₹36,630 with interest at 6% per annum from the date of the petition until realization.

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