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

The claimant sustained a comminuted fracture of the left tibia and a head laceration in a road accident on 6 May 2024, allegedly caused by the negligent driving of a car.

The Tribunal awarded him ₹7,10,476 with interest at 6% per annum.

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

The High Court considered, among other matters, his age, occupation as a driver, period of hospitalisation, and assessed disability.

1. Whether the Tribunal’s assessment of compensation for pain and suffering, loss of amenities, and loss of income during the laid-up period required enhancement.

2. Whether the claimant’s whole-body disability and resulting loss of future income had been correctly assessed by the Tribunal.

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.

In assessing compensation, the Court applied the multiplier method to calculate loss of future income, using the claimant’s annual income, age-based multiplier, and percentage of whole-body disability.

It treated disability assessed at 48% of the lower limb as equivalent to 16% whole-body disability, applying a one-third conversion.

The Court also assessed compensation under the relevant heads of pain and suffering, loss of amenities, medical expenses, laid-up-period income, and transportation, nourishment, conveyance, and attendant charges.

The Court accepted the multiplier of 13 for the claimant, aged 49 at the time of the accident, but substituted the 2024 notional monthly income of ₹17,000 for the Tribunal’s figure of ₹16,500.

Given the injuries, ten-day hospitalisation, and occupation as a driver, it assessed a three-month laid-up period and increased the corresponding income loss to ₹51,000.

It adopted the doctor’s 48% lower-limb disability assessment and converted it to 16% whole-body disability, calculating future income loss at ₹4,24,320 (₹17,000 × 12 × 13 × 16%).

It also enhanced pain and suffering and loss of amenities, while leaving medical expenses and other charges unchanged.

The Court enhanced the total compensation from ₹7,10,476 to ₹8,66,916, granting an additional ₹1,56,440 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 before the Tribunal within six weeks, and the claimant was permitted to withdraw the entire enhanced compensation.