2009 (2) TMI 917 - HC - Indian Laws

Summary

Issues Involved:
1. Quantum of compensation towards the loss of future earning or loss of future earning capacity due to permanent disability from a motor accident.
2. Assessment of disability and its impact on compensation.
3. Determination of just and reasonable compensation for the appellant.

Issue-wise Detailed Analysis:

1. Quantum of Compensation for Loss of Future Earning Capacity:
The appellant, a driver aged 45, sustained significant injuries in a motor accident, resulting in a permanent impairment of 60% to his right upper limb and 20% to his whole body. The Motor Accidents Claims Tribunal awarded compensation under various heads but denied compensation for future loss of income, despite the appellant's claim that his earning capacity was affected. The court reviewed several precedents and principles to determine the appropriate compensation for loss of future earning capacity.

2. Assessment of Disability:
The court emphasized the need for an accurate and consistent assessment of disability by medical practitioners. The Ministry of Social Justice and Empowerment's guidelines for evaluating disabilities were highlighted, which include detailed procedures and criteria for certification by a Medical Board. The court noted that the assessment of disability should consider the claimant's specific avocation and its impact on their earning capacity.

3. Determination of Just and Reasonable Compensation:
The court reviewed various case laws and commentaries to understand the principles of awarding compensation for loss of future earning capacity. It was established that:
- Loss of earning capacity is a well-recognized head of claim.
- Evidence must be provided to estimate the financial loss.
- Compensation for future loss is awarded as part of general damages and should be reasonable, fair, and justified.
- The court must consider the nature of the injury, the resultant physical impairment, and its impact on the claimant's earning capacity.

Application to Present Case:
The appellant's claim for enhanced compensation was supported by evidence of his disability and its impact on his ability to work as a driver. The court found that the appellant's disability would likely result in a loss of earning capacity, despite his reemployment. The court awarded additional compensation for medical expenses, hospital expenses, loss of amenities, and a nominal amount for loss of earning capacity, totaling Rs. 65,000 with interest at 6% per annum from the date of claim till payment.

Conclusion:
The appeal was partly allowed, with the appellant entitled to additional compensation for the impact of his disability on his future earning capacity, ensuring a just and reasonable award.