For upper-limb disability, one-fourth of the assessed limb disability is taken as whole-body disability.

The claimant sustained a right proximal humerus fracture with dislocation in a road accident on 17 May 2023.

The MACT awarded her ₹5,65,399, including ₹1,74,720 for loss of future earnings, and directed the insurer to pay with interest at 6% per annum.

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

The High Court considered the appeal with the consent of counsel.

Whether the compensation awarded by the Tribunal required enhancement, particularly in light of the claimant’s disability and the applicable notional income.

Whether the claimant was entitled to increased compensation for pain and suffering, loss of amenities, and income during the laid-up period.

Section 173(1) of the Motor Vehicles Act, 1988 provides for an appeal against a Tribunal’s award.

In assessing loss of future income, the Court applied the calculation of monthly income × 12 × the appropriate multiplier × the percentage of whole-body disability; it treated one-fourth of the assessed upper-limb disability as the relevant whole-body disability in this case.

The Court applied the multiplier of 13 for the claimant’s age of 50 and the 2023 notional monthly income of ₹16,250.

The Tribunal had used a monthly income of ₹16,000 and assessed whole-body disability at 7%. The High Court substituted the 2023 notional income of ₹16,250 and, relying on the doctor’s evidence of 49% disability to the right upper limb, assessed whole-body disability at 12.25%—one-fourth of the limb disability.

Applying multiplier 13, it calculated loss of future income at ₹3,10,538.

It also enhanced pain and suffering from ₹40,000 to ₹70,000, loss of amenities from ₹25,000 to ₹50,000, and laid-up-period income to ₹48,750 for three months, while leaving the other awarded heads unchanged.

The Court enhanced the total compensation from ₹5,65,399 to ₹7,72,967, awarding an additional ₹2,07,568 with interest at 6% per annum from the date of the petition until realisation.

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 enhanced amount with interest.