Functional Disability of 70% Awarded to TSR Driver Following Permanent Locomotor Impairment Rendering Him Unfit for Vocation.

On October 13, 2014, the appellant, a TSR (Three-Wheeler Scooter Rickshaw) driver, sustained grievous injuries after being hit by a rashly driven scooter

He suffered 67% permanent locomotor impairment

The Motor Accident Claims Tribunal (MACT) awarded Rs. 8,73,000/- based on 40% functional disability and the minimum wages of an unskilled worker

The appellant challenged this award, seeking enhancement based on his specific vocation and the actual impact of his injuries on his earning capacity

1. Whether the income of the claimant should be assessed based on the minimum wages of a skilled worker rather than an unskilled worker given his vocation as a TSR driver

2. Whether the functional disability should be enhanced from 40% to a higher percentage considering the claimant can no longer drive a vehicle

The Court applied the principles for assessing functional disability as laid down in Chanappa Nagappa Muchalagoda v. Divisional Manager, New India Insurance Co. Ltd. (2020) and Gurudev Singh v. Reliance General Insurance Co. Ltd. (2019).

These precedents establish that if an injury renders a driver incapable of pursuing their specific vocation or disqualifies them from holding a license, functional disability may be assessed up to 100% regardless of the medical disability percentage

The Court also applied National Insurance Co. Ltd. v. Pranay Sethi (2017) to determine future prospects at 10% for a claimant aged 55 years

The Court rejected the Tribunal’s classification of the appellant as an "unskilled worker," noting that the Registration Certificate and vehicle badge proved he was a skilled TSR driver

Regarding functional disability, the Court noted that while medical disability was 67%, the impact on his specific livelihood was severe as he could no longer drive, squat, or climb stairs

Relying on Chanappa and Gurudev Singh, the Court determined that because the appellant’s physical limitations directly prevented him from performing the essential duties of a driver, the Tribunal’s 40% assessment was insufficient and raised it to 70%

The Court then recalculated the loss of future earnings by applying the corrected monthly wage (Rs. 10,478), adding 10% for future prospects, and using the appropriate multiplier of 11

It held that the appellant was entitled to wages as a skilled worker and a functional disability assessment of 70%

The Insurance Company was directed to deposit the enhanced amount of Rs. 6,31,361/- with 9% interest per annum from the date of the petition within four weeks