Future implant-removal expenses are compensable, but do not carry interest.

The claimant sought compensation for injuries sustained in a road traffic accident on 11 November 2023, allegedly caused by the rash and negligent riding of a motorcycle.

The MACT awarded him ₹5,33,235, including compensation for pain and suffering, medical expenses, laid-up-period income loss, permanent disability and loss of amenities.

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

The High Court considered his age, assessed disability, injuries, treatment and need for implant-removal surgery.

1. Whether the Tribunal’s assessment of compensation for permanent disability and future loss of income required enhancement.

2. Whether the claimant was entitled to enhanced compensation under other heads, including pain and suffering, loss of amenities, laid-up-period income and future medical expenses.

The appeal was brought under Section 173(1) of the Motor Vehicles Act, 1988, which provides for an appeal against an award of the Claims Tribunal.

In assessing compensation for permanent disability, the Court applied the multiplier method, using the claimant’s age to select the multiplier and his income and disability percentage to calculate future loss of income.

It adopted the Karnataka State Legal Services Authority’s 2023 notional income of ₹16,250 per month and accepted a multiplier of 9 for a claimant aged 60 and a disability assessment of 20%.

The judgment cites no precedent.

The Court found the Tribunal’s multiplier of 9 and assessment of disability at 20% justified, but substituted the 2023 notional monthly income of ₹16,250 for ₹16,000.

Applying the multiplier method, it recalculated future loss of income as ₹3,51,000.

Having regard to the claimant’s injuries, it enhanced compensation for pain and suffering to ₹60,000 and loss of amenities to ₹40,000, and allowed ₹40,000 for two months’ laid-up-period income.

It also awarded ₹30,000 for future implant-removal surgery, while maintaining the other awarded amounts.

The Court increased total compensation from ₹5,33,235 to ₹6,38,635, granting an enhancement of ₹1,05,400.

The claimant was awarded interest at 6% per annum from the petition date until realization on ₹75,400; no interest was payable on the ₹30,000 awarded for future medical expenses.

The insurer was directed to deposit the enhanced compensation with interest within six weeks, and the claimant was permitted to receive the entire enhanced amount.