Lower-limb disability is assessed at one-third of the limb disability for whole-body compensation.

The claimant sought compensation for injuries sustained in a road accident on 25 July 2023, alleging that the accident was caused by the negligent riding of a motorcycle.

The Motor Accident Claims Tribunal awarded total compensation of ₹3,20,700, including ₹86,400 for loss of future earning capacity, and directed payment with 6% annual interest.

The claimant appealed, seeking enhancement.

The Court applied the principle that the multiplier is selected by reference to the claimant’s completed age at the time of the accident; for a claimant aged 65, the applicable multiplier was 7.

It adopted the Karnataka State Legal Services Authority’s notional income of ₹16,250 per month for 2023.

For disability assessed in a lower limb, it treated one-third of the limb disability as whole-body disability.

The judgment cited no specific precedent; it exercised appellate jurisdiction under Section 173(1) of the Motor Vehicles Act.

The Court found that the Tribunal had used a multiplier of 5 rather than 7 and had assessed whole-body disability at 9%, although the doctor had assessed 48% disability to the claimant’s left lower limb.

Applying the one-third approach, the Court used 16% whole-body disability and calculated future loss of earning capacity at ₹2,18,400 using the revised monthly income and multiplier.

It also enhanced pain-and-suffering compensation and loss of amenities, revised laid-up-period income using the updated notional income, and reassessed future medical expenses based on the doctor’s evidence.

It reduced the allowance for diet, nourishment, attendant and conveyance charges to ₹3,000, having regard to the three-day hospital admission.

The Court enhanced total compensation from ₹3,20,700 to ₹5,76,700, entitling the claimant to an additional ₹2,56,000, with interest at 6% per annum from the date of the petition until realization.

The enhanced compensation was to be deposited by the insurer within six weeks.

No interest was payable on the enhanced ₹50,000 awarded for future medical expenses, and the claimant was entitled to release of the entire enhanced compensation with interest.