Future loss must account for occupational disability and applicable future prospects.

The claimant sought compensation for injuries sustained in a road traffic accident on 4 March 2023, allegedly caused by the rash and negligent driving of a Mahindra Bolero.

The Motor Accident Claims Tribunal awarded ₹9,56,298, including compensation for pain and suffering, medical expenses, future loss of income and future medical expenses.

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

Whether the Tribunal’s assessment of compensation required enhancement in light of the claimant’s injuries, occupation, disability and age.

Whether the claimant was entitled to interest on the enhanced compensation, including the enhanced amount for future medical expenses.

The appeal was brought under Section 173(1) of the Motor Vehicles Act, 1988.

The Court assessed compensation by considering the claimant’s age, injuries, occupation, functional disability, income, future prospects, treatment needs and other relevant heads of loss.

It applied the 2023 notional income of ₹16,250 per month, multiplier 18 for a claimant aged 20, and 40% future prospects when calculating future loss of income.

No precedent or other statutory provision is cited in the judgment.

The Court accepted the Tribunal’s multiplier but substituted the 2023 notional income for the lower income used by the Tribunal.

Having regard to the claimant’s multiple fractures, his work as a mason, and the medical evidence of disability, the Court assessed functional disability at 25% rather than 18% and included 40% future prospects in the future-income calculation.

It also increased compensation for pain and suffering, amenities, laid-up-period income and future medical expenses, and awarded compensation for loss of marriage prospects.

It retained the awards for medical expenses and attendant, conveyance and nourishment charges.

The Court enhanced the total compensation to ₹18,79,408, making the enhancement ₹9,23,110 over the Tribunal’s award, with interest at 6% per annum from the petition date until realisation.

The insurer was directed to deposit the enhanced compensation within six weeks; 50% was to be released to the claimant and the remaining 50% placed in a three-year fixed deposit.

The claimant was not entitled to interest on the enhanced future-medical-expense amount of ₹30,000.