Total dependence and inability to work justified assessing functional disability at 100%.

The claimant sought compensation for injuries sustained in a road accident on 14 September 2022, allegedly caused by the negligent riding of a motorcycle.

She sustained a severe head injury, underwent surgery and prolonged treatment, and was left with right hemiplegia and dependent on a wheelchair and attendant care.

Her husband pursued the claim on her behalf as guardian.

The Tribunal awarded ₹55,05,569, including compensation for future loss of income based on 40% disability.

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

Whether the claimant’s functional disability should be assessed at 100%, rather than the 40% adopted by the Tribunal, for calculating loss of future income.

Whether the claimant was entitled to enhanced compensation for future loss of income and lifelong attendant care, and whether the Tribunal’s award under other heads required adjustment.

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

In assessing compensation, the Court applied the multiplier method to future loss of income, using the claimant’s age, monthly income, and functional disability; it accepted the Tribunal’s use of a multiplier of 17 and notional monthly income of ₹15,500, and added 40% for future prospects.

The Court also assessed attendant-care needs by reference to the claimant’s continuing condition and the period of the multiplier.

No precedent was cited in the judgment.

The Court relied on the medical evidence and the Tribunal’s findings that the claimant had right hemiplegia, was wheelchair-bound, could not independently stand or walk, and required continuous attendant assistance.

It therefore treated her functional disability as 100% for loss-of-income purposes and calculated future loss at ₹44,26,800, applying 40% future prospects, a monthly income of ₹15,500, and a multiplier of 17.

Given her lifelong care needs, it additionally awarded ₹31,62,000 for attendant charges.

It left the awards for medical expenses, pain and suffering, loss of amenities, and attendant, conveyance, food and nourishment charges undisturbed, but excluded the Tribunal’s lay-up-period income award because disability had been assessed at 100%.

The Court enhanced the total compensation to ₹1,16,43,569, entitling the claimant to an additional ₹61,38,000, with interest at 6% per annum from the date of the petition until realisation, except that no interest was payable on the ₹31,62,000 awarded for lifelong attendant charges.

The insurer was directed to deposit the enhanced compensation within six weeks.

The claimant was denied interest for the 337-day delay in filing the appeal; ₹50,00,000 of the enhanced compensation was directed to be placed in a five-year fixed deposit, with quarterly interest payable to her husband, and the balance released to the claimant through her guardian.