Summary
The Supreme Court enhanced compensation for a driver with permanent disability from Rs 14,65,500 to Rs 20,29,000. It accepted the proved monthly income of Rs 8,500, used multiplier 17 and calculated future loss at 75% disability. Medical, attendant, diet, amenities and pain awards were also revised. The owner and insurer were jointly and severally liable, with 9% simple interest from the MACT application until payment, due within twelve weeks.
Issues
- How proved income, disability, future earning loss and other compensation heads should be assessed for the injured driver.
Held
- The employer’s testimony and certificate established monthly earnings of Rs 8,500. The High Court could not reduce that figure to Rs 5,000 merely because it considered the proved salary high for a driver. The claimant’s age attracted multiplier 17. (¶¶ 4.3, 7.1)
- Loss of future earnings depends on disability’s impact on earning capacity. In its actual computation, the Court applied 75% to annual earnings of Rs 1,02,000 and multiplier 17, yielding Rs 13,00,500. It awarded Rs 8,500 for actual income loss and declined the larger overlapping claim in these circumstances. (¶ 7.2–7.3)
- Compensation also addressed non-pecuniary loss and inability to enjoy a full life. Medical expenses were fixed at Rs 2,50,000, attendance and conveyance at Rs 90,000, special diet at Rs 80,000, future amenities at Rs 1,00,000 and pain and suffering at Rs 2,00,000. (¶¶ 5–6, 7.4–7.8, 8)
- The total award was Rs 20,29,000 with 9% simple annual interest from the MACT application until payment, payable within twelve weeks by the owner and insurer jointly and severally. The appeal was allowed without costs. (¶ 8–9)
Result
Appeal allowed; total compensation enhanced to Rs 20,29,000 with 9% simple interest from the MACT application until payment, payable jointly and severally within twelve weeks, without costs.