Future Medical Expenses -- Impact on the earning capacity for the claimant by virtue of his 69% disability must not be measured as a proportionate loss of his earning capacity -- Earning life for the appellant is over and as such his income loss has to be quantified as 100% -- There is no other way to assess the earning loss since the appellant is incapacitated for life and is confined to home -- In such circumstances, his loss of earning capacity must be fixed at 100% -- As his monthly income was Rs.4,500/-, adding 40% future prospect thereto, the monthly loss of earning is quantified as Rs.6,300/- -- Compensation quantify at Rs.13,60,800/- (Rs.6,300 x 12 x 18) for 100% loss of earning for the claimant – Loss of 6 month hospitalization also corrected as Rs.27,000/- (Rs.4,500 x 6) -- Expense for bystander assessed Rs.10,80,000/- -- Future Medical Expenses Rs.3,00,000/- -- Total compensation Rs.27,67,800/-,
(SC) Decided on: 27.10.2021
