Permanent limb amputation warrants compensation for loss of marriage prospects, future treatment, and treatment-period income.

The appellant-claimant, aged 23 years, sustained injuries in a motor accident on 5 October 2022 and remained hospitalised for 14 days. His left leg was amputated above the knee. The Motor Accident Claims Tribunal, Dhamtari, assessed his monthly income at ₹6,500 and awarded total compensation of ₹21,39,432 under various heads by award dated 14 June 2024 in Claim Case No. 35/2023

In an appeal under Section 173 of the Motor Vehicles Act, 1988, the claimant sought enhancement on the grounds that his income should have been assessed at ₹8,320 per month under the applicable Chhattisgarh minimum-wage notification; that he was entitled to compensation for loss of income during treatment, transportation expenses, future treatment, and loss of marriage prospects

The insurer opposed the enhancement and contended, inter alia, that no compensation was payable for loss of income during treatment because the amputation resulted from infection allegedly attributable to the claimant

Whether the claimant’s monthly income should have been assessed at ₹8,320 instead of ₹6,500 for determining loss of future earning capacity?

Whether the claimant was entitled to additional compensation for loss of income during treatment, transportation expenses, and future treatment?

Whether an unmarried claimant who suffered above-knee amputation was entitled to compensation for loss of marriage prospects?

Whether the total compensation awarded by the Tribunal required enhancement under Section 173 of the Motor Vehicles Act, 1988?

The Court applied Section 173 of the Motor Vehicles Act, 1988, governing appeals against awards of the Motor Accident Claims Tribunal. Compensation must be just and must account for the claimant’s established or reasonably assessable income, future prospects, permanent functional disability, treatment-related loss of income, and reasonable incidental expenses.

The Court relied on the Chhattisgarh Minimum Wages Notification issued by the Office of the Labour Commissioner for assessing the claimant’s monthly income at ₹8,320

It further relied on Chandramani Nanda v. Sarat Chandra Swain, 2024 SCC OnLine SC 2859, which recognised compensation for loss of marriage prospects where the claimant’s injuries materially impaired the prospects of marriage and awarded ₹1,00,000 under that head

The enhanced compensation was directed to carry interest at 6% per annum from the date of filing of the claim application until realisation

The Court found that the Tribunal had assessed the claimant’s income below the applicable minimum-wage rate. It therefore substituted ₹8,320 for ₹6,500 and recalculated future income with 40% future prospects, applying the multiplier of 18 and 80% disability, resulting in ₹20,12,774 towards loss of future earning capacity, as against ₹15,72,480 assessed by the Tribunal

Considering the 14-day hospitalisation, above-knee amputation, and the reasonable likelihood that the claimant was unable to work for approximately three months, the Court awarded ₹24,960 towards loss of income during treatment, calculated at ₹8,320 × 3

It additionally awarded ₹10,000 for transportation and ₹25,000 for future treatment, observing that the claimant would require continuing medical consultations following the amputation

Since the claimant was unmarried and had lost his leg above the knee, the Court applied Chandramani Nanda and awarded ₹1,00,000 for loss of marriage prospects

The insurer’s objection regarding infection and alleged negligence did not displace the claimant’s entitlement to these heads of compensation.

The claimant was accordingly held entitled to an additional ₹6,00,254, with interest at 6% per annum from the date of filing of the claim application until realisation

The remaining terms and conditions of the Tribunal’s award were left undisturbed, and the Registry was directed to communicate the enhanced amount to the claimants in Hindi/Devanagari with assistance from paralegal workers where necessary