The court restored the Tribunal's compensation award, correcting income assessment and future prospects in line with established legal precedents.

ORDER

Rajesh Bindal, J.

1. Leave granted.

2. This appeal has been filed against the order dated 31.01.2018 passed by the High Court of Kerala [In M.A.C.A. No. 2325 of 2012] seeking enhancement of compensation in a motor accident claim case. The Tribunal [Additional Motor Accidents Claim Tribunal, Alappuzha] had awarded compensation of Rs.51,58,458/- under various heads along with interest @ 7.5% per annum from the date of filing of the petition till realization. The High Court reduced the compensation to Rs. 45,18,208/- by mainly reducing the income of the injured.

3. The facts as available on record are that on 09.10.2005 at about 8 PM, the appellant was returning after worship from Velankanni Church along with other passengers in a Toyota Qualis Van bearing Registration No. KL-4/R-4796 on Kottayam-Kumali National Highway, when the vehicle suddenly fell into a gorge called "Mathai Kokka" situated 500 meters east of Peerumade. The appellant and other passengers were severely injured. The injured passengers were shifted to Pushpagiri Medical College Hospital, Thiruvalla where the appellant remained under treatment for 42 days.

4. The appellant (now deceased and represented through his legal representatives) was 24 years old when the accident took place. He was working as Sales Officer at a Hyundai dealership. On account of the accident, the appellant suffered injuries over the spine and head causing complete quadriplegia. He remained permanently bedridden and paralyzed for the rest of his life.

4.1 The appellant filed a claim petition [OP (MV) No. 360 of 2006] before the Tribunal. On the basis of the disability certificate, the Tribunal assessed the functional disability of the deceased-appellant as 100% and his monthly income was taken as Rs. 12,000/-. While granting compensation under various other heads, the Tribunal awarded a total amount of Rs. 51,58,458/-. The details are as under:

5. The award of the Tribunal was challenged before the High Court. The High Court reduced the amount of compensation from Rs. 51,58,458/- to Rs. 45,18,208/- primarily reducing the income of the appellant (now deceased). However, the error in applying the multiplier of 17 was corrected by the High Court by granting multiplier of 18 and attendant charges were granted. The total amount of compensation assessed by the High Court and the details thereof are as under:

6. The aforesaid order passed by the High Court is under challenge in the present appeal. At the time of filing of the petition, the injured was alive, however during the pendency thereof before this Court, he died on 20.08.2022.

7. A perusal of the order passed by this Court shows that the delay in filing the Special Leave Petition was condoned and notice was issued limited to enhancement of the amount quantified for bystander expenses. However, while examining the matter in detail, it is noticed that the future prospects a