Case Summary: Sandeep Khanuja v. Atul Dande & Anr. (Civil Appeal No. 1329 of 2017)

Parties and Facts
The appellant, a 30-year-old professional Chartered Accountant, suffered fractures in both legs in a motor accident on July 8, 2006, caused by the rash and negligent driving of respondent No. 1's car, resulting in 70% permanent disability. (!) [1000589890001][1000589890004][1000589890005][1000589890006] This disability impaired his mobility, affecting his ability to perform duties requiring movement, such as visiting clients, appearing before authorities, and conducting audits.[1000589890014]

Proceedings Below
The Motor Accidents Claims Tribunal (MACT) awarded Rs. 5,35,227, including medical/transport expenses (Rs. 3,10,227), loss of income (Rs. 1,00,000), mental/physical agony (Rs. 30,000), rod removal (Rs. 25,000), and permanent disability (Rs. 70,000).[1000589890001] MACT assessed monthly income at Rs. 10,000 but held the disability did not impact earning capacity for desk-based work, refusing multiplier application.[1000589890005][1000589890008] The High Court enhanced to a lump sum of Rs. 6,35,000, acknowledging restricted movement but not applying multiplier.[1000589890002] (!) (!)

Supreme Court Holding
The multiplier method, logically sound and based on equity, equality, and necessity, applies not only to death claims but also to permanent injuries affecting future earning capacity; departure is rare.[1000589890011][1000589890012][1000589890013] (!) (!) (!) In injury cases, courts must assess the disability's impact on earning capacity, not mechanically equate percentage disability to economic loss.[1000589890013] (!) (!) (!) (!) (!)

Here, MACT erred in finding no impact on a Chartered Accountant's earning capacity, as the profession requires mobility for client visits, statutory functions, and appearances before authorities.[1000589890014] The 70% permanent disability at a young age restricts movements, causing definite loss of efficiency and future earnings.[1000589890006][1000589890014] (!)

Compensation Awarded by Supreme Court
Using assessed income of Rs. 10,000/month (Rs. 1,20,000/year) and multiplier of 17 (based on age), loss of future earnings at 70% disability: Rs. 14,28,000. Enhanced mental/physical agony, frustration: Rs. 1,30,000. Total: Rs. 19,93,227 (plus interest and costs as per High Court).[1000589890016] (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)

Appeal Outcome
Appeal allowed; compensation enhanced. (!) [1000589890017]