Injured non-earning students may receive disability damages based on notional income and assessed disability.

The appellant, a second-year MBBS student, sustained multiple injuries in a road accident on 29 December 2014 and was hospitalised from 29 December 2014 to 31 January 2015, with a further admission in November 2016.

The Tribunal awarded compensation of Rs. 5,42,300, including Rs. 3,00,000 for loss of amenities, but did not award compensation for disability or loss of earning capacity.

The claimant appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement; the accident and insurance coverage were not disputed.

Whether the appellant was entitled to compensation for disability or loss of future earning capacity, notwithstanding that he was a student and had no established actual earnings.

If so, what amount of additional compensation was just and proper.

In assessing compensation for a non-earning claimant who has sustained bodily injuries, the court may award damages for disability by applying a suitable notional income and multiplier, even where the claimant has no actual earnings to lose.

The court treated the relevant loss as compensation for disability, rather than proved loss of earnings, and applied a multiplier of 18 to the appellant’s notional annual income.

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

The judgment does not identify a specific statutory provision or particular precedent as the basis for the disability assessment.

Although the medical evidence did not specify whole-body disability and the appellant’s educational records were not produced, the court considered the evidence of the doctors and concluded that the injuries had caused disability or discomfort.

It found no basis to conclude that the injuries had affected the appellant’s studies or future professional life, but held that this did not exclude compensation for disability.

Given the appellant’s age and status as a medical student, the court fixed notional income at Rs. 8,500 per month, assessed whole-body disability at 10%, and applied multiplier 18, resulting in Rs. 1,83,600 for disability.

It also enhanced compensation for pain and suffering by Rs. 20,000 and increased the combined allowance for attendant charges, food and nourishment by Rs. 5,400.

The Tribunal’s award was modified by granting an additional Rs. 2,09,000, with interest at 6% per annum from the date of the claim petition until realisation.

The judgment’s table states a total of Rs. 7,51,265, although the order describes the enhancement as being over the Tribunal’s award of Rs. 5,42,300.