Whole-body disability should be assessed at one-third of the corresponding limb disability.

The claimant sought compensation for injuries sustained in a road accident on 19 January 2023, allegedly caused by the rash and negligent driving of a lorry. The Motor Accident Claims Tribunal awarded him ₹5,90,804 with interest at 6% per annum. He appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement.

The claimant was 37 years old, worked as a driver, and had sustained a fracture, among other injuries. The High Court considered the Tribunal’s assessment of income, disability, laid-up period, and compensation under the relevant heads.

Whether the compensation awarded by the Tribunal required enhancement in light of the claimant’s injuries, occupation, income, disability, and period of recovery.

Whether interest was payable on the enhanced amount awarded for future medical expenses.

Section 173(1) of the Motor Vehicles Act, 1988 provides for an appeal against an award of a Motor Accident Claims Tribunal.

In assessing compensation for permanent disability, the Court applied the multiplier method, considering the claimant’s age, monthly income, and functional disability; it treated the disability to the whole body as 16% and applied a multiplier of 15.

No judicial precedents were cited.

The Court found the multiplier of 15 appropriate for the claimant’s age of 37. Given his transport-vehicle driving licence and occupation as a driver, it assessed his monthly income at ₹20,000 despite the absence of documentary proof of income.

Accepting a whole-body disability of 16%, it calculated future income loss at ₹5,76,000 using the multiplier method.

It increased compensation for pain and suffering and loss of amenities, and allowed three months’ loss of income at the assessed monthly income. It also increased future medical expenses to ₹30,000, while retaining the Tribunal’s medical-expense and attendant, nourishment, and conveyance awards.

It declined interest on the additional ₹10,000 awarded for future medical expenses.

The enhanced compensation carries interest at 6% per annum from the date of the petition until realization, except for the additional ₹10,000 awarded towards future medical expenses. The insurer was directed to deposit the enhanced amount within six weeks, and the claimant was permitted to withdraw the entire enhanced compensation.