Whole-body disability is assessed at one-third of limb disability when calculating future loss of income.

The claimant sought compensation for injuries sustained in a road-traffic accident on 14 May 2023, allegedly caused by the rash and negligent driving of a motorcycle

The Motor Accident Claims Tribunal awarded ₹3,34,000, including compensation for pain and suffering, medical expenses, attendant and food expenses, loss of amenities, future income loss, and conveyance charges, with interest at 6% per annum

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

1. Whether the Tribunal’s assessment of compensation for disability-related future income loss and other injury-related heads required enhancement.

2. Whether the claimant was entitled to compensation for income lost during the laid-up period and for future medical expenses, and whether interest was payable on the latter.

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

The Court applied the principles of assessing just compensation by considering the claimant’s age, income, functional disability, injuries, treatment and likely future medical needs; it used the multiplier method to calculate future loss of income.

The Court accepted ₹16,250 as the claimant’s notional monthly income for 2023, replacing the Tribunal’s figure of ₹15,000, and applied a multiplier of 15 based on the claimant’s age of 32.

Having regard to the fracture and medical evidence, it assessed whole-body disability at 10% and recalculated future income loss at ₹2,92,500.

It increased compensation for loss of amenities to ₹30,000 and awarded ₹8,000 for attendant, conveyance, food and nourishment expenses, taking account of the claimant’s eight-day hospital stay.

It also awarded ₹32,500 for two months’ loss of income during recovery and ₹30,000 for anticipated implant-removal surgery; it declined interest on the future medical expenses.

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