Functional disability assessed at 8% of the whole body based on the claimant’s occupation as a mason.

The claimant appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement of compensation awarded by the MACT for injuries sustained in a road accident on 31 January 2021.

The Tribunal had awarded ₹3,28,000 under various heads, with interest at 6% per annum.

The claimant sought enhancement; the insurer contested the appeal.

The judgment records the claimant’s age as 37 at the date of the accident and identifies his occupation as mason.

Whether the claimant was entitled to enhanced compensation for loss of future earning capacity arising from his disability.

Whether the claimant was entitled to compensation for future medical expenses and interest on that amount.

Whether the insurer was liable to pay the enhanced compensation, and whether interest was payable for the period of delay in filing the appeal.

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

In assessing compensation for disability-related future loss of income, the Court considered the claimant’s age, adopted a multiplier of 15, used the notional monthly income of ₹15,000 for 2021, and assessed functional disability to the whole body at 8%.

It calculated future loss of income using the formula monthly income × 12 × multiplier × functional disability.

The Court also treated the cost of future implant-removal surgery as a compensable future medical expense, but excluded interest on that component.

The doctor assessed disability at 52% of the right lower limb and 17% of the whole body, but the Court considered that assessment excessive for calculating the claimant’s functional loss.

Given the claimant’s work as a mason and his ankle fracture and dislocation, it fixed whole-body functional disability at 8%.

Applying the stated income and multiplier produced ₹2,16,000 for future loss of income.

The doctor’s evidence that implant-removal surgery was required supported a further ₹30,000 for future medical expenses; however, the Court denied interest on that amount.

It did not reassess the Tribunal’s awards under the other heads because the claimant had not sought enhancement under them.

The claimant was awarded enhanced compensation of ₹2,46,000, comprising ₹2,16,000 for future loss of income and ₹30,000 for future medical expenses.

Interest at 6% per annum from the date of the petition until realization was allowed on ₹2,16,000, but not on the future medical expenses.

The insurer was directed to deposit the enhanced compensation with interest before the Tribunal within six weeks, and the claimant was entitled to release of the enhanced amount.

The order states that interest was not payable for a delay period of 771 days; paragraph 11 separately refers to 608 days.