Future loss of income in personal injury claims must consider both current earnings and potential increases, especially in cases of permanent disability.

JUDGMENT :

1. By way of this Appeal, the Appellant-claimant has challenged the judgment and award dated 13.08.2018 passed by the learned Motor Accident Claims Tribunal (Auxi.), Bhuj in M.A.C.P. No.626 of 2004.

2. The facts giving rise to the present Appeal can be put succinctly as under :-

On 05.07.2004 at 8.00 hours, the appellant was proceeding from Village Dador to Zalu on his bicycle. The appellant was driving the bicycle as per the rules and regulations and when he reached the place of accident, the respondent No.1 came alongwith his Jeep bearing Registration No.GJ-12-W-4761 in a rash and negligent manner and at an excessive speed, as a result of which the driver lost control over the steering, dashed and collided with the bicycle and caused accident. Due to the accident, the appellant fell down on the road with the bicycle and sustained serious injuries including fracture injuries.

3. Learned Advocate for the appellant-claimant Mr. Hemal Shah submitted that the prospective rise in income is required to be considered while assessing the functional disability. It is further submitted that the permanent disability had been proved by the evidence of the Doctor who had deposed by documentary evidence of 71% disability for the body as a whole. It is further submitted that the learned Tribunal ought to have been assessed accordingly and any deduction in the assessment should have been by way of examining the same with the medical context, otherwise evidence of the Doctor, being an expert is required to be believed. It is further stated that in view of the 71% disability, the amount under the head of pain, shock and suffering as awarded by the learned Tribunal are on the lower side.

4. Countering the above arguments, learned Advocate for the respondent – Insurance Company Mr. Yogi K. Gadhia submitted that the income of the injured has not been proved, as in absence of any evidence to specify the actual earning, the learned Tribunal was required to place reliance on the Minimum Wages Schedule for the claimant, who had claimed to be working as a Carpenter. It is also submitted that the physical disability which has been assessed by the learned Tribunal should only be entertained where after having recorded the evidence of the Doctor, the learned Tribunal has assessed 35% permanent disability for the body as a whole.

5. Heard learned Advocates for the respective parties and perused the records of the case. The claimant, who was aged 45 years at the time of accident had produced the MLC Certificate at Exhibit 38; he had urged before the learned Tribunal that he was doing carpentry work and his monthly income would be Rs.3,000/- to Rs.4,500/- per month. The learned Tribunal had found that no cogent or reliable evidence was produced in support of the contention about his income and merely considering the accident to be of the year 2004 has assessed the income as Rs.3,000/- per month. In absence of any documentary evidence to support the same, the learned Tribunal was required to place reliance on the Minimum Wages Schedule which is adopted by the State and random assessment should be avoided by the learned Tribunal where the standard payable to unskilled/skilled persons is determined by the State by way of Minimum Wages Schedule. Thus, this Court considering the Minimum Wages Schedule has assessed the income of the claimant to be Rs.2,300/- per month.

6. In the case of Mohd. Sabeer @ Shabir Hussain Vs. Regional Manager, U.P. State Road Transport Corporation reported in 2022 LiveLaw (SC) 107, it has been observed that in cases of permanent disablement caused by a motor accident, the claimant is entitled to future loss of income, not only on the current income but also as rise in future prospects. Further, socio-economic background of the claimants must be considered while awarding compensation in cases of permanent disability. Persons from marginalized sections of the society already face severe discrimination due to a lack of social capital,