Functional disability for shopkeeper with below-knee amputation assessed at 50% for calculating loss of future earnings.

On November 30, 2011, the appellant sustained grievous injuries, including the amputation of his right leg below the knee, after being hit by a motorcycle driven negligently by respondent No. 2

The Motor Accident Claims Tribunal (MACT), Ambah, awarded a compensation of Rs. 3,04,478/- with 7% interest

The appellant challenged this award, seeking enhancement on the grounds that his 80% permanent disability was undervalued, his monthly income was under-assessed at Rs. 3,900/-, and the wrong multiplier was applied

1. Whether the functional disability and loss of earning capacity were correctly assessed despite the Medical Board certifying 80% permanent disability of the limb

2. Whether the appellant’s age and monthly income were correctly determined for the calculation of compensation

3. Whether the appellant is entitled to enhanced compensation under conventional heads and future medical expenses for an artificial limb

Section 173(1) of the Motor Vehicles Act, 1988 regarding appeals.

Raj Kumar v. Ajay Kumar, 2011 ACJ 1, which distinguishes between permanent physical disability and functional disability/loss of earning capacity

National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680 (25% for self-employed individuals aged 40-50) for calculating future prospects

Sarla Verma v. DMRC, (2009) 6 SCC 121 for determination of the multiplier

M. Paramesh v. VRL Logistics Ltd., Civil Appeal No. 8708 of 2026 regarding future medical expenses for prosthetics

The Court found that while the Medical Board certified 80% disability of the limb, it did not equal 80% of the whole body; however, considering the appellant’s occupation as a shopkeeper requires mobility, the functional disability was increased from 40% to 50%

The Court upheld the determination of age as 46 based on the appellant's own testimony and medical records

In the absence of documentary evidence for a monthly income of Rs. 10,000/-, the Court applied the prevailing minimum wage of Rs. 4,545/-

The Court integrated a 25% addition for future prospects and a multiplier of 13

The Tribunal failed to award adequate sums for loss of amenities and future medical costs for an artificial limb

The additional amount of Rs. 4,98,788/- shall carry 7% interest from the date of the claim petition, except for the Rs. 2,00,000/- allocated for future medical expenses (artificial limb), which carries no interest and the Insurance Company was directed to deposit the enhanced amount within two months