Functional disability for future earnings loss was assessed at one-third of certified lower-limb disability.

The claimant sustained fractures to his tibia and fibula in a road accident on 30 May 2023.

The Motor Accident Claims Tribunal awarded him Rs.5,17,448.

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

The High Court considered his asserted earnings from granite-laying work, his injuries, hospitalisation and assessed disability.

1. Whether the Tribunal’s assessment of the claimant’s income and functional disability for calculating loss of future earnings required enhancement

2. Whether the compensation awarded under other heads, including pain and suffering, loss of amenities, attendant and related expenses, and loss of income during the laid-up period, required enhancement

The appeal was brought under Section 173(1) of the Motor Vehicles Act, 1988, which permits an appeal from an award of a Claims Tribunal.

In assessing compensation for disability, the Court applied the multiplier method, taking account of income, age-related multiplier and functional disability; it treated whole-body functional disability as one-third of the assessed limb disability in this case.

The judgment cites no precedent or further statutory provision.

The Court accepted that the claimant’s work in granite laying indicated skilled employment, warranting an income assessment above the Tribunal’s notional figure of Rs.16,000 per month.

Although the claimed Rs.30,000 monthly earnings were not supported by documents, the Court assessed income at Rs.17,000.

It adopted a 10.66% whole-body functional disability, being one-third of the doctor’s 32% left-lower-limb assessment, and applied the multiplier of 17 to calculate future income loss at Rs.3,69,689.

It also enhanced compensation for pain and suffering, awarded compensation for loss of amenities, and revised attendant and related expenses and laid-up-period income in light of the fracture and 21-day hospitalisation.

The claimant was awarded an additional Rs.2,23,569, 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 permitted to withdraw the entire enhancement.