Future prospects are not warranted when assessed disability is below 20%.

The claimant sought compensation for injuries sustained in a road-traffic accident on 13 January 2022, allegedly caused by the negligent driving of a tempo.

The Motor Accident Claims Tribunal awarded her ₹2,65,535 with interest at 6% per annum.

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

The High Court recorded her age as 50 on the accident date and noted that she did not seek an increase in the Tribunal’s assessment of 9% disability.

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

In assessing compensation, the Court applied the multiplier method to calculate loss of future income, using the claimant’s monthly income, multiplier, and disability percentage.

It held that future prospects were not to be added where the disability assessed was below 20%.

The Court also assessed compensation under the heads of pain and suffering, loss of amenities, medical expenses, attendant and conveyance charges, and loss of income during the laid-up period.

No precedent was cited.

The Court substituted the 2022 notional monthly income of ₹15,500 for the Tribunal’s figure of ₹13,300 and retained the multiplier of 9 and disability assessment of 9%.

It therefore calculated loss of future income at ₹1,50,660 (₹15,500 × 12 × 9 × 9%), without adding future prospects because the disability was below 20%.

Having considered the claimant’s injuries, it enhanced pain and suffering to ₹80,000 and loss of amenities to ₹60,000.

It allowed ₹46,500 for three months’ loss of income during recovery, while affirming the Tribunal’s awards for medical expenses and attendant and conveyance charges.

These adjustments produced total compensation of ₹3,93,891.

The claimant was awarded the difference of ₹1,28,356, with interest at 6% per annum from the date of the claim petition until realisation.

The insurer was directed to deposit the enhanced amount with interest before the Tribunal within six weeks, and the claimant was permitted to withdraw the entire enhancement with interest.