Injury claimants aged 34 are entitled to a 40% addition for future prospects.

On 30 November 1996, the appellant was travelling in Jeep No. GJ-8-A-3823 when, owing to the driver’s rash and negligent driving at excessive speed, the jeep went off the road and collided with a tree.

The appellant sustained multiple fracture injuries, underwent two surgical interventions, and remained hospitalised for a considerable period.

The Motor Accident Claims Tribunal, Kachchh at Bhuj, partly allowed MACP No. 264 of 1997 and awarded ₹2,70,500 with interest at 7.5% per annum.

The claimant filed the present appeal seeking enhancement of compensation, principally on the ground of quantum.

Whether the Tribunal erred in not adding future prospects to the claimant’s assessed income while computing loss of future earning capacity.

Whether the compensation awarded under pain, shock and suffering; rich diet, attendant charges and transportation; and actual loss of income was inadequate and required enhancement.

What additional compensation and consequential directions should be granted to the claimant.

The Court applied the principles governing assessment of just compensation under the Motor Vehicles Act, 1988.

For a claimant aged 34 years, 40% of established income was required to be added towards future prospects, following National Insurance Company Ltd. v. Pranay Sethi, reported in 2017 (16) SCC 680, and Sidram v. Divisional Manager, United India Insurance Company Ltd., 2022 INSC 1202.

Loss of future income was to be calculated by applying the percentage of functional disability, annual income, and the age-appropriate multiplier; the multiplier of 16 was applied for the claimant’s age.

Compensation must also be reasonable and commensurate with the nature of injuries, period of hospitalisation, treatment, and actual loss of income.

The Tribunal had assessed the claimant’s monthly income at ₹5,000 and functional disability at 24%, neither of which was challenged.

Since the claimant was 34 years old, the Court added 40% towards future prospects, increasing the notional monthly income to ₹7,000.

Applying 24% functional disability and a multiplier of 16, the Court calculated future loss of income at ₹3,22,560.

In view of the fractures, two surgeries, prolonged hospitalisation, and continuing treatment, the Court enhanced pain, shock and suffering from ₹10,000 to ₹25,000 and rich diet, attendant charges and transportation from ₹5,000 to ₹20,000.

Medical expenses of ₹15,000 were maintained, while actual loss of income was increased from two months to four months, amounting to ₹20,000.

The resulting total compensation was ₹4,02,560.

The total compensation was enhanced from ₹2,70,500 to ₹4,02,560, resulting in additional compensation of ₹1,32,060.

The additional amount was to carry interest at 7.5% per annum from the date of filing of the claim petition until realisation.

The respondent-insurer was directed to deposit the additional compensation with interest within six weeks, after which the Tribunal was directed to disburse the amount to the claimant, subject to verification and deduction of any deficit court fee.

No order as to costs was made, and the record was directed to be returned to the Tribunal.