Functional disability may be assessed from medical records despite non-examination of the treating doctor.

The claimant sustained serious head and ankle injuries in a motorcycle accident on 22 March 2014. He underwent three surgeries and was hospitalized for 45 days; his medical expenses were Rs.13,68,073.

The Tribunal awarded Rs.15,18,368, including medical expenses, but declined compensation for future loss of earning capacity because the treating doctor had not testified. The claimant appealed seeking reassessment and enhancement. A Neuro Psychological Assessment Report (Ex.P18) assessed cognitive disability at 77%; the doctor who testified was not the treating doctor.

The insurer’s liability was undisputed.

Whether the Tribunal’s assessment of compensation for the claimant’s injuries and their consequences was adequate, including whether compensation for future loss of earning capacity should be awarded.

Whether the compensation under pain and suffering, incidental expenses, laid-up-period income, and loss of amenities required enhancement.

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

The claimant relied on Rajkumar v. Ajay Kumar, (2011) 1 SCC 343, in support of his submission that disability evidence need not invariably come from the treating doctor; the judgment does not set out or expressly adopt a distinct rule from that decision.

The Court treated the 77% cognitive-disability assessment as non-conclusive, but held that the evidence nevertheless established disability warranting compensation.

The Court considered the serious injuries, three surgeries, 45-day hospitalization, medical records, photographs, and Neuro Psychological Assessment Report.

Although the 77% assessment was not conclusive and the treating doctor had not testified, the Court found that the claimant had suffered disability affecting his future life and assessed functional disability at 50%.

As occupation and income were unproved, it used notional monthly income of Rs.8,500, added 40% for future prospects, and applied multiplier 17, arriving at Rs.12,13,800 for future loss of earning capacity.

It also increased compensation under other heads in light of the injuries and treatment, while leaving the medical-expense award unchanged.

The enhanced compensation carries interest at 6% per annum from the date of the petition until realization, and the entire compensation was directed to be released to the claimant.