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

The claimant sought compensation for injuries sustained in a road accident on 15 July 2024, attributed to the rash and negligent riding of a motorcycle.

The Tribunal awarded total compensation of ₹5,62,300, including ₹2,37,600 for loss of future earning, and directed the insurer to pay the award with interest at 6% per annum.

In the claimant’s appeal under Section 173(1) of the Motor Vehicles Act, he sought enhancement.

The High Court considered the claimant’s age, the applicable notional income, and the medical evidence concerning disability.

1. Whether the Tribunal’s assessment of the claimant’s notional income and whole-body disability should be revised when determining loss of future earning.

2. Whether the claimant was entitled to enhancement under the heads of laid-up-period income and attendant, conveyance, food and nourishment expenses.

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

In assessing compensation for loss of future earning, the Court applied the claimant’s monthly income, age-based multiplier and percentage of whole-body disability; it adopted the Karnataka State Legal Services Authority’s notional income of ₹17,000 for 2024 and applied a multiplier of 15 for a claimant aged 40.

No judicial precedents were cited in the judgment.

The Court found that the Tribunal had used monthly income of ₹16,500 and assessed whole-body disability at 8%, whereas the applicable 2024 notional income was ₹17,000 and the doctor’s evidence supported whole-body disability of 10%.

Applying the multiplier of 15, it recalculated loss of future earning as ₹3,06,000, an increase of ₹68,400 over the Tribunal’s award.

Given the claimant’s ten-day hospital admission, it enhanced attendant, conveyance, food and nourishment expenses by ₹3,000.

It also recalculated six months’ laid-up-period income at ₹17,000 per month, resulting in a further increase of ₹3,000.

The claimant did not seek enhancement under the other heads.

The claimant was awarded enhanced compensation of ₹74,400, with interest at 6% per annum from the date of the petition until realization.

The insurer was directed to deposit the enhanced amount with interest before the Tribunal within six weeks, and the claimant was entitled to release of the entire enhanced compensation.