Compensation in motor vehicle accident case – Functional 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

Compensation in motor vehicle accident case – Functional 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

Just compensation -- Tribunal and the Courts must be conscious of the fact that the permanent disability suffered by the individual not only impairs his cognitive abilities and his physical facilities but there are multiple other non-quantifiable implications for the victim -- The very fact that a healthy person turns into an invalid, being deprived of normal companionship, and incapable of leading a productive life, makes one suffer the loss of self-dignity -- Such a Claimant must not be viewed as a modern day Oliver Twist, having to make entreaties as the boy in the orphanage in Charles Dickens’s classic, “Please Sir, I want some more” -- Efforts must be to substantially ameliorate the misery of the claimant and recognize his actual needs by accounting for the ground realities -- While the money awarded by Courts can hardly redress the actual sufferings of the injured victim (who is deprived of the normal amenities of life and suffers the unease of being a burden on others), the courts can make a genuine attempt to help restore the self-dignity of such claimant, by awarding ‘just compensation’.

(SC) Decided on: 27.10.2021

Victim in Coma – 50% disability assessed at Tribunal stage -- 100% assessed at High Court stage – Future prospects – No deduction for personal expenses -- Contention for deduction towards personal living expenses rejected – Assessment of Rs.3500/- as monthly income affirmed -- 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

Loss of earning capacity – Future prospects -- Injuries to the appellant were grievous including fractures in the arms and legs and she suffered a disability of 31.1% of the whole body -- Age of the injured/appellant was 23 years, the multiplier has to be ‘18’ along with factoring in the extent of disability -- Future prospects on advancement in life and career are also to be taken into consideration – Future prospects 50% of the actual salary taken – Compensation assessed to the extent of 31.1% disability.

(SC) Decided on: 27.07.2020

Injured boy aged 22 years got 50% permanent disability to the right arm -- Appellant is awarded Rs.10,00,000/- on account of the expenses relating to treatment, hospitalization, medicines etc, loss of earnings during the course of treatment and loss of future earnings on account of permanent disability, Rs.3,00,000/- for future medical expenses, Rs.3,00,000/- towards pain, agony and trauma as a consequence of injuries, and Rs.3,00,000/- towards loss of amenities(including loss of prospects of marriage) and Rs.3,00,000/-(Rupees Three Lacs only) towards loss of expectation of life alongwith uniform rate of interest @ 8% per annum from the date of filing of the claim petition before the Motor Accident Claims Tribunal till its realization.

(SC) Decided on: 06.11.2017

Permanent disability to the tune 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

Loss of earning capacity -- In case of permanent disability, the compensation towards permanent disability as well as loss of earning capacity on account of said permanent disability have to be assessed independently – Determination of compensation for loss of earning capacity on the basis of multiplier method is proper -- In determination of compensation, some guess work and hypothetical considerations based on sympathy can be worked out, but ultimate determination has to be considered with some objective standards -- Endeavor should be to award just compensation keeping in view the sufferings of the injured person.

(P&H HC) Decided on: 19.09.2017

Injury case – Permanent disability of 10% -- 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

Injury case -- 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.

(SC) Decided on: 15.02.2017

Injury case – Principle of multiplier -- Appellant is a professional Chartered Accountant – Chartered Accountant is primarily doing audit work, he is not only required to visit his clients but various authorities as well -- Movements of the appellant have been restricted to a large extent and that too at a young age -- There is a definite loss of earning capacity and it calls for grant of compensation with the adoption of multiplier method – Appellant aged 30 years -- Multiplier of 17 would be admissible -- Keeping in view that the permanent disability is 70%, the compensation under this head would be worked out at Rs.14,28,000 -- For mental and physical agony and frustration and disappointment towards life, amount enhanced to Rs.1,30,000, besides other expenses.

(SC) Decided on: 02.02.2017

Injury case – Principle of multiplier -- Principle of multiplier has been evolved to quantify the loss of income as a result of death or permanent disability suffered in an accident -- Multiplier system is based on the doctrine of equity, equality and necessity -- A departure therefrom is to be done only in rare and exceptional cases.

(SC) Decided on: 02.02.2017

Injury to 10 year old child – 5% disability -- Claimant has suffered 5% permanent disability -- Claimant-appellant is held entitled to compensation of Rs.1,80,000/- [Rs.90,000-(towards permanent disability) + Rs.15,000/- (towards pain and sufferings, special diet etc.) + Rs.25,000/- (towards loss of studies) + Rs.50,000 (towards loss of future).

(P&H HC) Decided on: 01.06.2016

Injury case -- Future loss of income -- Permanent disability to the extent of 44%, and lost hearing power of one ear and vision of right eye – Applying the minimum wages payable to daily wagers, at D.C. Rates, income of the appellant is assessed as Rs.5,000/- per month -- Concededly, the appellant was 36 years of age -- In these circumstances, by applying multiplier of '16', loss of future income would be Rs.5,000 X 12 X 16 = Rs.9,60,000/-, 25% of which comes to Rs.2,40,000/- -- Rs. 50,000/- awarded by Tribunal for pain and suffering is further enhanced by Rs.50,000/-.

(P&H HC) Decided on: 28.05.2016

Minor child injured with 100% injuries – Child aged 14 years left with mentally deranged and physically incapacitated to move and is bed ridden – Doctors on assessment have declare him 100% disabled -- For the said purpose, an amount of Rs.5,000/- per month is taken as notional income -- Multiplier of 18 is applied, claimant-appellant, is held entitled to the compensation of Rs.10,80,000/- (towards 'loss of earning capacity') + Rs.10,80,000/- (towards 'attendant charges) + 1,00,000/- (towards 'pain and suffering') + Rs.1,00,000/- (towards transportation) + Rs.1,00,000/- (towards special diet) + Rs.5,00,000/- (towards 'loss of marriage prospects and amenities of life') + Rs.1,00,000/- (towards 'medical expenses'), totalling to Rs.30,60,000/-.

(P&H HC) Decided on: 30.03.2016

Injury case – 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

Claimant-Driver is injured with 100% disability for earning – Appellant aged 30 years was working as a professional driver – After considering 50% enhancement for future prospects.

(SC) Decided on: 28.07.2015

Injury with 25% disability -- Claimant was a poultry labourer, he would have earned not less than Rs.4,500/- per month -- Considering the nature of occupation of the claimant and the 25% disability, lumpsum compensation of Rs.2,00,000/- towards loss of future earnings, on account of permanent disability, Rs.13,500/- (Rs.4,500 x 3) is awarded for the loss of earning during the period of treatment -- Considering the nature of treatment and the medical bills, for which an amount of Rs.1,00,000/- is awarded towards medical expenses; Rs.50,000/- is awarded towards pain and sufferings; Rs.10,000/- is awarded for transport charges and Rs.10,000/- is awarded for attendant charges; Rs.10,000/- is awarded towards extra nourishment and Rs.50,000/- is awarded towards loss of amenities – Total compensation of Rs.4,43,500/- payable with interest at the rate of 9% from the date of the claim petition.

(SC) Decided on: 24.02.2015

Injury to Doctor with 60 % disability – 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.

(SC) Decided on: 20.02.2015

Injured was Driver with 55% disability – Compensation awarded: Rs.8,64,000/- for loss of future income due to disability -- Rs.76,500/- for loss of income during period of treatment -- Rs.1,50,000/- for pain and suffering -- Rs.2,00,000/- for Medical Expenses -- Rs.40,000/- as attendant charges during the period of treatment for 17 months -- Rs.20,000/- as transportation charges during the period of treatment -- Rs.20,000/- for Special diet and nutrition as advised by the doctor during the period of treatment -- Rs.1,50,000/- for Permanent Disability/loss of amenities, happiness and enjoyment of life -- Rs.2,00,000/- for future medical expenses – Rs.40,000/- for expenses during pendency of appeal – Total compensation amounting to Rs.17,60,500/- -- Interest @ 9% p.a. on the compensation awarded from the date of filing of the claim petition till the date of payment.

(SC) Decided on: 18.02.2015

Assessment of – Future income – Pain and suffering -- 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%.

(SC) Decided on: 10.10.2014

Shortening of leg by 1 inch of two minors with 30% / 20% permanent disability -- Compensation of Rs.1,00,000/- each towards shock, pain and suffering, Rs.3,00,000/- each towards permanent disability of the minors, Rs.25,000/- each to parents of minors towards agony of parents, Rs.25,000/- each for future medical expenses, Rs.10,000/- each for special diet and nutrition, Rs.9,000/- (Rs.3,000 x 3 months) each for attendant and Rs.5,000/- each for transportation alongwith 9% interest awarded.

(SC) Decided on: 11.09.2014

Shortening of leg by 1 inch -- Appellant owns 30 bighas of irrigated land in which he was doing agricultural work – Appellant notional income must be at least Rs.5,000/- per month i.e. Rs.60,000/- per annum -- His loss of future income due to 30% permanent disability suffered by him due to the injuries sustained in this accident, taking the appropriate multiplier of 15 would be Rs.2,70,000/- (15 X [30% of 60,000/-]) – Rs.50,000/- for permanent disability/ loss of amenities, Rs.50,000/- towards pain and suffering, Rs.10,000/- for special diet and nutrition, Rs.9,000/- (Rs.3,000 x 3 months) for attendant and Rs.5,000/- for transportation alongwith 9% interest awarded.

(SC) Decided on: 11.09.2014