Compensation in motor vehicle accident case – Permanent disability -- Loss of future earning -- Assessment of compensation under the head ‘loss of future earning’, would depend upon the effect and impact of such permanent disability on earning capacity – Assessment is not to be done mechanically only on the percentage of physical disability – Age, profession, nature of work, and the related factors, as well as the permanent disability suffered need to be taken into account for that purpose.

(P&H HC) Decided on: 04.11.2022

Compensation in motor vehicle accident case – Permanent disability -- Loss of future earning -- Accident on 7.5.1994 -- Income taken as Rs. 5,000 per month -- Disability of 15% qua the affected limb has been found to be 9% qua the whole body -- At the time of accident, he was 42 years of age, and in active practice as an advocate before High Court -- Disability suffered, leading to shortening of leg by ½ inch, and the resultant difficulty in running, squatting and free movements to the claimant, would naturally have affected his professional life as well as the earning capacity – Loss of earning capacity treated as 10% of the assessed income -- Multiplier of 14 applied – Appellant-claimant held entitled to Rs. 84,000 as compensation for loss of future earnings with interest at the rate of 9% per annum from the date of filing the claim petition till its actual realization.

(P&H HC) Decided on: 04.11.2022

Driver-injured disability of 44% as per medical certificate and Tribunal assessed at 100% -- Taking into consideration the medical opinion, the claimant would no longer be competent to drive the car or pursue his profession as a driver – Court found it difficult to interfere in findings of the Tribunal assessing disability to the extent of 100% for computing compensation

(P&H HC) Decided on: 19.11.2020

Victim in Coma – Contention for deduction towards personal living expenses rejected – Assessment of Rs.3500/- as monthly income -- 40% awarded for loss of future prospects -- Compensation for permanent disability and loss of future earning comes to Rs.9,40,800, Rs.7 lacs for medical attendant (Bystander) charges and further treatment cost, Rs.3 lacs for pain and suffering, Rs. 1500/- for extra nourishment, Rs. 10,000/- for loss of amenities alongwith Rs. 68,000/- as expenses for medicines and treatment, Rs.6,000/- as transportation charges and Rs.500/- as damage to clothing awarded – 9% interest from the date of filing claim petition u/s 166 also awarded.

(SC) Decided on: 17.09.2020

Earning capacity -- Physical functional disability of the left leg was assessed at 75% and total body disability at 37.5% -- Earning capacity of the appellant as on the date of the accident stands completely negated and not reduced – It is difficult to comprehend the grant of compensation to him in ratio to the disability to the whole body -- Appellant is held entitled to compensation for loss of future earning based on his 75% permanent physical functional disability.

(SC) Decided on: 10.06.2020

Permanent disability of 12% -- Income of the injured was assessed to be Rs.4500/- per month -- Monthly loss to the income of the injured to the tune of 12% was assessed to be Rs.540/- i.e. Rs.6480/- per annum -- Multiplier of 17 was rightly applied, thereby making the compensation to the tune of Rs.1,10,160/- towards loss of future income on account of permanent disability -- Rs.2000/- per percentage of permanent disability has to be added, Rs.24,000/- (2000 X 12) -- Rs.1,00,000/- for pain and sufferings -- Tribunal has awarded an amount of Rs.64330/- towards medical expenses, whereas there are certain hidden expenses in day to day expenditure in the hospital and outside, an amount of Rs.75,000/- would suffice to serve the total expenses for the treatment of the injured -- A consolidated amount of Rs.1,00,000/- towards special diet, transportation and attendant charges -- An amount of Rs.50,000/- for loss of future enjoyment in life including matrimonial enjoyment granted.

(P&H HC) Decided on: 19.09.2017

Claimant had suffered disability of 10% -- Functional disability would be less -- In the absence of any evidence, the income of the injured can be taken to be as that of a labourer -- Minimum wages in Haryana in the year 2014 were Rs.7,400/- per month -- Taking the functional disability to be 5%, the loss per month would be Rs.370/- and the amount towards the disability would come to Rs.370 x 12 x 14 = Rs.62,160/- -- Claimant had suffered a fracture which led to the disability and he would have not been able to resume work for at least four months, therefore, an addition of 4 months' salary will have to be made, which comes to Rs.7,400/- X 4 = Rs.29,600/- -- Claimant had been allowed the actual medical expenses, attendant charges, diet, transportation i.e. all other heads -- Amount allowed on the head of pain and suffering and disability can be taken as Rs. 25,000/-.

(P&H HC) Decided on: 17.07.2017

Amputation of left leg at the age of 29 years – As per Medical certificate, appellant sustained a permanent disability of 90% -- Courts below reduced the permanent disability to 60% on the ground that the remaining body of the appellant is healthy -- 90% permanent disability due to the accident is liable to be maintained -- Considering the appellant’s annual income as Rs.24,000/- p.a., 90% of it would come to Rs.21,600/- and applying the multiplier 17, he would be entitled under the head of ‘permanent disability’ to compensation computed at Rs. 3,67,200/- -- Appellant is also entitled to get Rs.1,00,000/- as cost of the artificial limb -- Appellant is also entitled to receive interest at the rate of 6% p.a. from the date of filing of the claim petition till realization of the amount.

(SC) Decided on: 15.02.2017

Amputation of leg -- Right leg of the appellant was amputated resulting in 80% permanent disability – Salary of claimant was assessed as Rs.4200/- p.m. -- Annual income of claimant was assessed as Rs.4200/-x12 = Rs.50,400/ -- 30% added towards future prospects Rs.50,400/- + 30% = Rs.65,520/- -- Applying multiplier of 15, compensation amounted to Rs.9,82,800/- -- Compensation for future treatment as Rs.2,00,000/-, pain and sufferings as Rs.1,50,000/-, loss of amenities Rs.1,50,000/- and medical treatment as Rs.3,01,320/- awarded -- Total compensation awarded as Rs.17,84,120/- -- Enhanced amount of Compensation is (Rs.17,84,120/-)-(Rs.5,31,440/-) = Rs.12,52,680/- -- Enhanced amount of compensation of Rs.12,52,680/- shall be payable within a period of two months -- The enhanced amount of compensation shall carry interest @ 9% per annum from the date of filing of the claim petition, till its realization.

(P&H HC) Decided on: 19.11.2015

Appellant had suffered permanent disability to the extent of 75% and he was awarded compensation with respect to the bills only – Salary assessed as Rs.10000 per month, Annual Salary came to be Rs.1,20,000/- -- 50% added towards Future Prospects (23 years of age) 120000 + 50% = Rs.1,80,000/- -- Disability 75% Rs.180000 X 75% = Rs.1,35,000/- -- After applying multiplier of 18 compensation came out to be 135000 X 18 = 24,30,000/-, for future treatment Rs.2,00,000/-, pain and sufferings Rs.1,50,000/-, loss of amenities Rs.1,50,000/- and Medical treatment Rs.6,58,507/- awarded -- Total compensation awarded Rs.35,88,507/- -- Enhanced amount of compensation Rs. 35,88,507 - 6,78,507 = Rs.29,10,000/-Enhanced amount shall be payable within a period of forty five days and shall carry interest @ 9% per annum from the date of filing of the claim petition, till its realization.

(P&H HC) Decided on: 16.11.2015

Driver-claimant injured with 100% disability for earning – Compensation in motor vehicle accident claim case -- Appellant aged 30 years was working as a professional driver – Minimum wages as per Government notification taken as Rs. 3500/- per month -- After considering 50% enhancement for future prospects, the compensation for permanent disability can be calculated at (Rs.3,500/- + Rs.1750/-) x 12 x 17 = Rs.10,71,000/- -- Rs. 73,500 for loss of earning (Rs. 3,500/- X 21 months) since the appellant was unable to work for 21 months from the date of the accident till the filing of the claim petition -- Rs.1,50,000/- for the pain and suffering and Rs.1,50,000/- for the loss of amenities and enjoyment of life caused to the appellant due to the accident -- Appellant is in vegetative state of condition and will continue to be so in the future, a sum of Rs.1,00,000/- towards future medical expenses, Rs. 10,000/- for expenses on extra nourishment and Rs. 10,000/- for transportation, which would be just and proper – Rs. 500/- for damages to clothing, Rs. 22,400/- for expense for treatment and Rs.10,000/- for expense for bystander allowed – Amount will be payable with interest @ 9% p.a.

(SC) Decided on: 28.07.2015

Doctor-injured -- Monthly income assessed at Rs. 25,000/- -- By considering the fact that 60% permanent disability and over all injuries caused, there is a loss of working capacity to the said extent -- Multiplier of 16 is applicable at the age of 36 years – (Rs.15,000 x 12 x 16) Rs. 28,80,000/- for loss of earning capacity due to permanent disability -- Rs. 2,14,848/- for loss of salary during treatment in the year 2001-2002 -- Rs. 66,566/- for expenditure incurred in one Hospital and Rs. 20,000/- for expenditure incurred in second Hospital -- Rs. 2,00,000/- for physical pain and sufferings -- Rs. 90,000/- as expenditure incurred on attendant for 9 months during treatment -- Rs. 28,500/- as special diet charges -- Grand Total: Rs.34,99,914/- rounded off 35,00,000/- -- Compensation amount of Rs.35,00,000/- will be along with interest at the rate of 6% per annum with effect from the date of filing of claim petition.

(SC) Decided on: 20.02.2015

Driver injured – Due to this injury, doctor opined that appellant has suffered 55% disability and cannot drive any motor vehicle in future due to the same – Appellant was present in person in the High Court and right hand of the appellant was found to be completely crushed and deformed -- When it comes to loss of earning due to permanent disability, the same may be treated as 100% loss since he will never be able to work as a driver again -- Contention of the respondent Insurance Company that the appellant could take up any other alternative employment is no justification to avoid their vicarious liability -- Applying the appropriate multiplier as per the principles laid down by this Court in the case of Sarla Verma & Ors.’s case (2009) 6 SCC 121, the total loss of future earnings of the appellant will be at Rs.54,000 X 16 = Rs.8,64,000/-.

(SC) Decided on: 18.02.2015

Doctor assessed the permanent disability at 58% to the whole body -- Held, once Disability Certificate was accepted as credible and reliable, there was no reason to treat the 'functional disability' at 25% -- Appellant was working as Goundi i.e. at the building construction sites -- Such a work requires good health and extreme fitness as it is a strenuous task which involves lot of physical activities -- It has also come on record he suffers from general weakness and is not capable of doing heavy work -- He is even unable to walk and stand for a long time -- Functional disability is to be taken at 85% -- Loss of future income would work out to Rs.5,35,500/- (Rs.3,750/- x 85% x 12 x 14) -- Similarly, for pain and suffering amount increased to Rs.60,000/-.

(SC) Decided on: 10.10.2014