Whole-body disability is assessed by taking one-third of lower-limb disability and one-fourth of upper-limb disability.

The claimant, aged 64, sustained injuries in a road traffic accident on 11 January 2023 involving a Royal Enfield motorcycle.

The MACT awarded him ₹4,43,600 in compensation.

Seeking enhancement, he appealed under Section 173(1) of the Motor Vehicles Act.

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

The Tribunal had assessed whole-body disability at 18%; the medical witness assessed disability at 26% to the lower limb and 45% to the upper limb.

Whether the compensation awarded by the Tribunal required enhancement in light of the claimant’s injuries, period of hospitalisation and recovery, and future medical needs.

Whether the Tribunal’s assessment of whole-body disability and resulting loss of future earnings required revision.

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

In assessing compensation, the Court applied the multiplier method, retained multiplier 7 for the claimant’s age of 64, used the Karnataka State Legal Services Authority’s 2023 notional income of ₹16,200 per month, and converted limb disability to whole-body disability by applying one-third to lower-limb disability and one-fourth to upper-limb disability.

The Court found the Tribunal’s multiplier appropriate but substituted the applicable notional income and recalculated loss of future earnings using whole-body disability of 19.91%: 8.66% from the lower limb and 11.25% from the upper limb.

It enhanced compensation for pain and suffering, loss of amenities, attendant and related expenses, loss of income during recovery, and future medical expenses, while affirming the medical-expense award.

These adjustments increased the total award to ₹6,10,122.

The insurer was directed to deposit the enhanced amount with interest before the Tribunal within six weeks, and the claimant was permitted to receive the entire enhancement.