Summary
Compensation for a severely injured driver was enhanced using proved monthly earnings of ₹10,000, 50% future prospects and total functional loss of earning capacity despite a 75% physical-disability assessment. Separate amounts were granted for past treatment and future medical and attendant needs. Although invalid licences relieved the insurer of ultimate liability, it was directed to pay the enhanced award first and recover from the owners and drivers.
Issues
- How the claimant’s income and functional disability should be assessed for compensation.
- What treatment and attendant expenses were justified.
- Whether the insurer should pay first despite invalid driving licences.
Held
- The employer’s affidavit established monthly income of ₹10,000. With 50% future prospects and multiplier 18, complete functional incapacity yielded ₹32.40 lakh for lost earnings. (¶ 5.1–5.6)
- Functional earning disability depends on the claimant’s occupation and remaining capacities, not mechanical adoption of the physical-disability percentage. The claimant could no longer drive, perform manual work or undertake agricultural operations. (¶ 5.5–5.6)
- Repeated surgeries and hospitalisations justified ₹7.50 lakh for past medical costs. Severe continuing disability, dependency and lifelong assistance justified ₹10 lakh for future medical expenses and attendant charges. (¶ 5.7–6)
- Proof that the truck drivers lacked valid licences supported exemption from ultimate insurance liability, while the pay-and-recover principle required first payment to the victim and permitted recovery from the owners and drivers. (¶ 7–7.2)
Result
Appeal allowed: ₹32.40 lakh lost earnings, ₹7.50 lakh past medical expenses and ₹10 lakh future medical/attendant costs, with 9% interest from claim petition until recovery. Insurer to pay within 12 weeks by demand draft in claimant’s name, with recovery rights against owners and drivers of both trucks. Pending applications disposed of.