Future prospects for a 42-year-old injured claimant are restricted to 25%.

Aneeta Kumari sustained injuries in a motor accident on 24 August 2009 and suffered 41% permanent physical disability in relation to both lower limbs.

The Motor Accident Claims Tribunal, West District, Delhi, awarded her ₹1,49,500 with interest at 7.5% per annum.

The Insurance Company filed MAC.APP. 1127/2013 seeking reduction of compensation, particularly on account of the 30% addition towards future prospects, while the claimant filed MAC.APP. 903/2014 seeking enhancement.

The claimant relied on a subsequent decision of the High Court concerning another injured person in the same accident, in which compensation for non-pecuniary losses had been enhanced.

Whether the addition towards future prospects for the injured claimant, aged 42 years at the time of the accident, should be reduced from 30% to 25%.

Whether the compensation should be enhanced under the heads of pain and suffering and loss of amenities of life.

Whether the rate of interest on the compensation should be enhanced from 7.5% to 8.5% per annum.

The Court applied the principles governing addition for future prospects under Sarla Verma v. Delhi Transport Corporation, (2009) 6 SCC 121, and National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680; for a claimant aged 40–50 years, the appropriate addition towards future prospects was treated as 25%, rather than 30%.

The Court also applied the principle that compensation must fairly account for non-pecuniary losses, including pain and suffering and loss of amenities of life, having regard to the nature and consequences of the permanent disability.

Interest may be fixed with reference to the prevailing rates applicable to the period of the accident.

The Court accepted the Insurance Company’s contention that, since the claimant was 42 years old, future prospects had to be calculated at 25% in accordance with Sarla Verma and Pranay Sethi, reducing the corresponding loss of future income from ₹1,29,500 to ₹1,24,520.

At the same time, relying on its earlier decision concerning another injured claimant from the same accident, the Court found that adequate compensation for loss of amenities had not been granted and awarded ₹25,000 under that head.

It further increased compensation for pain and suffering from ₹15,000 to ₹25,000.

After setting off the reduction for future prospects against the enhancement under the non-pecuniary heads, the total compensation was recalculated at ₹1,79,520, resulting in a net enhancement of ₹30,020.

Given that the accident occurred in 2009 and considering the fixed-deposit rates prevailing at that time, the Court enhanced the interest rate to 8.5% per annum.

The compensation payable to Aneeta Kumari was enhanced from ₹1,49,500 to ₹1,79,520, representing a net enhancement of ₹30,020.

Interest was enhanced from 7.5% to 8.5% per annum from the date of filing of the claim petition.

The balance amount already deposited with UCO Bank, Delhi High Court Branch, was directed to be released to the claimant as a lump sum.

The enhanced amount, with interest at 8.5% per annum, was directed to be deposited before the Registrar General within four weeks and released thereafter.

The statutory amount was ordered to be refunded to the Insurance Company subject to compliance with the deposit order.