Future income loss requires proof of permanent functional disability affecting earning capacity.

On 15 January 2020, the appellant was injured when a Bolero driven by respondent No. 1 allegedly hit his motorcycle.

He sought compensation, alleging fractures to his right hand and leg.

The Motor Accident Claims Tribunal awarded ₹75,157, including treatment expenses and amounts under other heads.

The appellant appealed under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement.

Whether the compensation awarded by the Tribunal required enhancement

Whether the evidence supported compensation for permanent disability or loss of future income

Whether the amount awarded for attendant charges was adequate

Section 173 of the Motor Vehicles Act, 1988, provides for an appeal from an award of a Claims Tribunal.

The Court applied the principle that loss of future income requires evidence of permanent functional disability affecting earning capacity; absent such evidence, that head of compensation cannot be awarded.

Compensation under individual heads must be assessed against the evidence on record, including the claimant’s treatment and period of hospitalisation.

No precedent was cited.

The claimant had not produced a disability certificate from an authorised Medical Board or other evidence establishing permanent functional disability or its effect on his earning capacity; the Tribunal therefore did not err in declining to award loss of future income.

The discharge ticket established five days of hospitalisation, and the documentary evidence supported the treatment expenses awarded; the Court also found the amount for physical and mental agony adequate.

However, given the five-day hospital stay, the ₹1,000 awarded for attendant charges was inadequate and warranted enhancement to ₹3,000.

The appellant was granted an additional ₹2,000, with interest at 6% per annum from the date the claim application was filed until realization.

The appeal was disposed of, and the remaining terms of the Tribunal’s award were left unchanged.