Truck-Crash Victim With 9% Disability Gets Rs 1.21 Lakh More As P&H HC Awards Rs 72,012 For Lost Earning Capacity

The appellant sought enhancement of compensation awarded by the Motor Accident Claims Tribunal, Chandigarh, for injuries sustained in a motor-vehicle accident on 20 March 1999.

The Tribunal awarded ₹1,35,000.

The appellant, aged 28 at the time of the accident, had a monthly income of ₹2,800 and a certified 9% whole-body permanent disability.

He underwent surgery for a left femur fracture and was hospitalised for 26 days.

The High Court considered the appeal on quantum; no respondent challenged the Tribunal’s findings on negligence.

The Court relied on National Insurance Co. Ltd. v. Pranay Sethi, 2017 (16) SCC 680, for adding future prospects to income, and Smt. Sarla Verma v. Delhi Transport Corporation, 2009 (6) SCC 121, for applying the multiplier corresponding to the claimant’s age.

In assessing disability-related loss of earning capacity, the Court treated functional disability as dependent on the nature of the claimant’s work and applied the established percentage of disability to the income calculation.

The Court also treated compensation for future medical expenses as dependent on supporting evidence.

The Court found that the 9% whole-body disability, considered alongside the appellant’s employment and mechanical diploma, justified using 9% as his functional disability for calculating loss of earning capacity.

It applied 40% future prospects to his monthly income of ₹2,800 and a multiplier of 17, resulting in ₹72,012 for that head.

It found the proved medical bills had been adequately accounted for by the Tribunal, but increased the combined award for medical expenses, transportation, special diet and attendant charges to ₹40,000, and pain-and-suffering compensation to ₹50,000, given the fracture, surgery and hospitalisation.

It upheld ₹19,600 for income lost during treatment and awarded ₹75,000 for loss of future prospects and amenities.

The claimed loss of teeth was not established, and no future medical expenses were awarded for want of evidence.

Total compensation was enhanced from ₹1,35,000 to ₹2,56,612, an increase of ₹1,21,612.

The enhanced amount carries interest at 7.5% per annum from the date of filing the claim petition until realisation; the respondents’ liability remains as determined in the Tribunal’s award.