Future loss of earnings must reflect assessed disability and the applicable KSLSA notional income.

The claimant appealed under Section 173(1) of the Motor Vehicles Act, 1988, against the award in MVC No. 1732/2017, which granted him Rs. 2,33,000 with interest at 9% per annum

The accident occurred in 2017, when the claimant was about 25 years old; he was hospitalised for four days, and the doctor assessed whole-body disability at 4%, which was not disputed

The claimant sought compensation for disability and loss of income during the laid-up period, relying on the KSLSA notional income of Rs. 11,000 per month

The parties informed the Court that they had amicably settled the issues

1. Whether the Tribunal’s compensation for disability should be recalculated by applying the claimant’s 4% whole-body disability, the applicable multiplier, and the KSLSA notional income

2. Whether additional compensation should be awarded for loss of income during the laid-up period

Section 173(1) of the Motor Vehicles Act, 1988, provides for an appeal against an award of the Claims Tribunal

In assessing future loss of earnings, the Court used the monthly notional income of Rs. 11,000 applicable under the KSLSA chart, the accepted whole-body disability of 4%, and a multiplier of 18, calculating compensation as monthly income × 12 × disability percentage × multiplier

The Court also assessed loss of income during the laid-up period separately, using three months’ income

Sarla Verma v. Delhi Transport Corporation and National Insurance Co. Ltd. v. Pranay Sethi were cited by the claimant in support of the calculation method

The Court accepted the undisputed 4% whole-body disability and applied the Rs. 11,000 monthly notional income, age-based multiplier of 18, and annualisation of income to award Rs. 95,040 for loss of future earnings

It separately allowed Rs. 33,000 for three months’ loss of income during the laid-up period and adjusted the amounts previously awarded for attendant, food, nourishment and transportation expenses

In light of the parties’ consensus, the Court enhanced the total compensation from Rs. 2,33,000 to Rs. 2,91,040, but declined to alter the Tribunal’s 9% interest rate

The award was modified by enhancing compensation by Rs. 58,040, with interest at 9% per annum as awarded by the Tribunal; the insurer was directed to pay the enhanced amount within four weeks.

The remainder of the award was left undisturbed, and no order as to costs was made