Upper-limb disability is assessed at one-fourth when determining whole-body disability for compensation.

The claimant sustained a right-clavicle fracture in a road traffic accident on 14 February 2023.

The Motor Accident Claims Tribunal awarded him ₹2,09,000 with 6% interest. He appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement.

The appeal was heard with the consent of counsel for the claimant and the insurer.

Whether the Tribunal’s assessment of compensation for loss of future income due to disability should be revised by applying the appropriate income, multiplier and disability percentage

Whether the claimant was entitled to enhanced compensation under other heads, including pain and suffering, loss of amenities and loss of income during the laid-up period

The appeal was brought under Section 173(1) of the Motor Vehicles Act, 1988, which permits an appeal against an award of the Claims Tribunal.

In assessing compensation, the Court applied a multiplier of 16 for a claimant aged 35, adopted the 2023 notional monthly income of ₹16,250, and assessed whole-body disability at one-fourth of the 30% upper-limb disability.

The judgment cites no other statutory provisions or precedents.

The Court found that the Tribunal had used a multiplier of 15 and monthly income of ₹15,000, and had assessed whole-body disability at 5%.

It substituted the multiplier of 16, notional income of ₹16,250 and whole-body disability of 7.5%, calculating future income loss at ₹2,34,000.

Given the fracture, it awarded ₹30,000 for pain and suffering and increased compensation for loss of amenities to ₹25,000.

It also awarded ₹32,500 for two months’ loss of income during recovery.

The Court otherwise retained the medical-expense award of ₹60,000 and allowed ₹4,000 collectively for attendant, conveyance, food and nourishment expenses.

The Court assessed total compensation at ₹3,85,500, an enhancement of ₹1,76,500 over the Tribunal’s award, with interest at 6% per annum from the date of the petition until realisation.

The insurer was directed to deposit the enhanced amount with interest within six weeks, and the claimant was entitled to release of the entire enhanced amount.