01Facts
The claimant sought compensation for injuries sustained in a road accident on 18 June 2025, allegedly caused by the rash and negligent driving of a car.
pp. 2–4 · ¶ 6The MACT awarded ₹4,94,200, including compensation for 10% whole-body disability, and interest at 6% per annum.
pp. 2–4 · ¶ 6The claimant appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement; he did not dispute the Tribunal’s assessment of disability.
pp. 2–4 · ¶ 602Issues
i.Whether the Tribunal’s assessment of the claimant’s monthly income should be increased when calculating loss of future earning capacity.
p. 4 · ¶ 7ii.Whether the compensation awarded under loss of amenities and loss of income during the laid-up period required enhancement.
pp. 5–6 · ¶ 803Law Applied
The appeal was brought under Section 173(1) of the Motor Vehicles Act, 1988.
p. 2In assessing compensation for disability-related loss of future income, the Court applied the notional monthly income of ₹18,000 for an accident in 2025, the multiplier of 18 for a claimant aged 25, and the accepted whole-body disability of 10%.
p. 4 · ¶ 7Compensation for other heads was assessed with reference to the injuries sustained and the evidence, including medical bills.
p. 5 · ¶ 8The judgment cites no statutory provision or precedent governing the specific calculation principles.
Provisions in the judgment · 1 · Linked ones open on LawLens
Motor Vehicles Act, 1988 Section 173
04Reasoning
The Court accepted the claimant’s age of 25 and the Tribunal’s undisputed 10% whole-body disability, but substituted the 2025 notional income of ₹18,000 per month for the Tribunal’s ₹17,000.
p. 4 · ¶ 7Applying the multiplier of 18, it calculated future income loss at ₹3,88,800.
p. 4 · ¶ 7It found the existing awards for pain and suffering, medical expenses and incidental charges appropriate, but increased loss of amenities from ₹10,000 to ₹20,000.
p. 5 · ¶ 8As the claimant had sustained a fracture and required at least one month’s rest, it increased laid-up-period income from ₹10,000 to ₹18,000.
p. 5 · ¶ 8These adjustments produced total compensation of ₹5,33,800.
pp. 5–6 · ¶ 905Holding
The appeal was allowed in part.
pp. 6–7 · ¶ 9–10The Court enhanced compensation by ₹39,600, from ₹4,94,200 to ₹5,33,800, with interest at 6% per annum from the date of the petition until realization.
pp. 6–7 · ¶ 9–10The 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 amount.
pp. 6–7 · ¶ 9–10Original Court PDF
MADHU R MvsNAGARAJA M
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