Summary
Compensation for the injured 23-year-old software engineer was enhanced to Rs.41,69,831. The Court applied multiplier 18, accepted 31.1% permanent disability for loss of earning power and added 50% of actual salary for future prospects. The award also covered medical expenses, matrimonial prospects, amenities and pain and suffering. Simple interest was fixed at 9% from application to payment, with costs throughout and six weeks to pay the balance.
Issues
- What multiplier, future-prospects addition and interest should apply to the injured claimant’s compensation.
Held
- For the claimant aged 23, multiplier 18 applied instead of 17, factoring in disability. Compensation for permanent disability properly included future income and advancement in life and career, in addition to medical and non-pecuniary consequences. (¶ 7)
- The nature and extent of the injuries supported the multiplier calculation using 31.1% disability. On this claimant’s age and salary, future prospects were assessed at a 50% addition to actual salary. (¶¶ 7, 8)
- The Court adopted total compensation of Rs.41,69,831, including loss of earning power, future prospects, medical and associated expenses, matrimonial prospects, amenities, mental agony and pain. Simple interest of 9% ran from application to payment, with costs throughout; the balance was payable within six weeks. (¶¶ 8, 9, 10)
Result
Appeals allowed with costs throughout; compensation enhanced to Rs.41,69,831 with 9% simple interest from application until payment. Balance directed to be paid within six weeks.