Limb amputation of licensed drivers necessitates "skilled" wage assessment and enhanced functional disability.

The appellant, a 47-year-old Three-Wheeler Scooter Rickshaw (TSR) driver, sustained grievous injuries on October 28, 2014, while traveling as a passenger in a bus (offending vehicle) that was driven rashly and negligently.

The accident resulted in the amputation of his left upper limb, leading to a certified 83% permanent locomotor impairment.

The Motor Accident Claims Tribunal (MACT) established negligence but awarded compensation based on the minimum wages of an ‘unskilled’ worker (Rs. 6,416/-) and assessed functional disability at 60%, totaling Rs. 8,47,100/- with 12% interest.

The appellant sought enhancement on grounds of incorrect wage categorization, omission of future prospects, and undervalued functional disability.

1. Whether the claimant’s income should be assessed based on 'skilled' rather than 'unskilled' minimum wages given his vocation as a TSR driver.

2. Whether the claimant is entitled to an addition for 'future prospects' in income assessment.

3. Whether the functional disability should be assessed higher than 60% considering the impact of an arm amputation on a professional driver.

4. Whether the interest rate of 12% awarded by the MACT was appropriate.

The Court applied the principles from National Insurance Co. Ltd. v. Pranay Sethi (2017) 16 SCC 680, which mandates a 25% addition for future prospects for self-employed individuals in the 40-50 age bracket.

Regarding the interest rate, the Court relied on Kaushnuma Begum v. New India Assurance Co. Ltd. (2001) 2 SCC 9, which established that interest rates should align with prevailing bank rates, typically 9% per annum.

The Court also followed the principle that functional disability must be assessed relative to the claimant's specific vocation.

The Court observed that while the appellant failed to produce a Registration Certificate or proof of income, the exhibited driving license (Ex. PW1/3) specifically authorized him to drive a TSR.

Consequently, the Court upgraded his income status to 'skilled' worker (Rs. 10,478/- per month).

Regarding functional disability, the Court determined that for a TSR driver, the loss of a left arm is more debilitating than a general assessment; thus, it increased the functional disability from 60% to 75%.

In accordance with Pranay Sethi, a 25% multiplier for future prospects was added to the income.

Finally, the Court found the 12% interest rate excessive compared to contemporary economic standards and reduced it to 9% per annum, citing the shift in Reserve Bank of India policies and nationalized bank rates.

The Court directed the insurance company to deposit the enhanced amount with 9% interest per annum from the date of the petition.

The Court ordered a lump sum release of Rs. 2,00,000/- to the claimant, with the remainder to be secured in phased Fixed Deposit Receipts (FDRs) of Rs. 25,000/- each to ensure long-term financial security.