P&H HC Raises Crash Compensation To Rs5.39 Lakh For Halwai Who Lost Right Eye And Suffered 68% Disability

The claimant, aged 43, was injured in a motor-vehicle accident on 11 April 2003. The Tribunal awarded him ₹1,60,000. Medical evidence established, among other injuries, loss of the right eye and facial and arm injuries, resulting in permanent disability assessed at 68%.

The claimant appealed seeking enhancement, principally on the assessment of functional disability and loss of earning capacity, and under other heads of compensation. The respondents filed no appeal or cross-objection challenging the findings on negligence.

The claimant’s asserted income from his confectionery business was not supported by reliable material.

In assessing loss of earning capacity, the Court applied the multiplier method in Sarla Verma & Ors. v. Delhi Transport Corporation & Anr., 2009 (6) SCC 121, using the multiplier appropriate to the claimant’s age.

It applied National Insurance Company Ltd. v. Pranay Sethi & Ors., 2017 (16) SCC 680, to add future prospects to income; for the 43-year-old claimant, the addition was 25%.

The Court assessed functional disability by reference to the effect of the injuries on the claimant’s earning capacity, and used the minimum wage for a skilled worker where reliable evidence of actual income was absent.

Compensation was also assessed for proved or reasonably established pecuniary and non-pecuniary losses, while future medical expenses required supporting evidence.

The Court found that the claimant’s facial deformity and restricted jaw movement, together with the other injuries and permanent disability, supported treating his functional disability as 68%.

Because no reliable evidence established his claimed monthly earnings of ₹6,000–₹7,000, the Court used the 2003 skilled-worker minimum wage of ₹2,400 per month. It added 25% for future prospects, applied the multiplier of 14, and calculated loss of earning capacity at ₹3,42,720.

It further assessed nine months’ loss of income during treatment at ₹21,600, increased pain-and-suffering compensation to ₹50,000, allowed ₹25,000 for medical expenses, transportation, special diet and attendant charges, and awarded ₹1,00,000 for loss of future amenities and prospects.

No amount was awarded for future medical expenses because the claimant had produced no supporting evidence.

The enhanced amount carries interest at 7.5% per annum from the date the claim petition was filed until realization; liability remains as provided in the Tribunal’s award.