Motor accident compensation must reflect 11% whole-body disability and three months’ lost income.

The claimant, aged 43 at the time of the accident, sustained injuries in a road traffic accident on 16 May 2023 involving a motorcycle owned by respondent No. 1.

The Motor Accident Claims Tribunal partly allowed his claim and awarded compensation of ₹2,85,870, including ₹2,15,040 for loss of future income based on 8% whole-body disability, with interest at 6% per annum.

The claimant appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement.

The High Court considered the appeal with the consent of the claimant and insurer’s counsel.

1. Whether the compensation awarded by the Tribunal required enhancement, including reassessment of income, disability, and compensation under relevant heads.

2. Whether the claimant was entitled to interest on the enhanced compensation for the period of delay in filing the appeal.

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

In assessing compensation, the Court applied the notional monthly income of ₹16,250 for an accident occurring in 2023, the multiplier of 14 appropriate to the claimant’s age, and a whole-body disability assessment of 11%—one-third of the assessed 32% limb disability.

The judgment cites no specific precedents.

The Court found that the Tribunal had used monthly income of ₹16,000 rather than the applicable 2023 notional income of ₹16,250, and had assessed whole-body disability at 8% rather than 11%.

Applying the multiplier of 14, it recalculated loss of future income as ₹3,00,300 (₹16,250 × 12 × 14 × 11%).

It also enhanced pain and suffering to ₹45,000, amenities to ₹25,000, and incidental expenses to ₹15,000; awarded ₹48,750 for three months’ loss of income during the laid-up period; and left medical expenses at ₹10,830.

The Court separately applied the order excluding interest for the 313-day appeal delay.

The Court enhanced total compensation to ₹4,44,880, an increase of ₹1,59,010 over the Tribunal’s award, with interest at 6% per annum from the date of the claim petition until realization, except for the 313-day delay period in filing the appeal.

The insurer was directed to deposit the enhanced amount with interest before the Tribunal within six weeks, and the claimant was permitted to withdraw the entire enhanced compensation.