Future prospects in compensation can be included in cases of serious injuries resulting in permanent disablement, regardless of the percentage of disability.

ORDER

Dated : 25^th March, 2025

This Review Petition is filed by the 1^st respondent in the Appeal praying for reviewing the judgment dated 10.12.2024. According to the review petitioner, in the judgment dated 10.12.2024 the age of the appellant was mistakenly shown as 51 instead of 57 and the multiplier to be taken is 9 and not 11. It is also contended that since there was only 3% disability this Court was not justified in adding 10% of the income towards future prospects. Therefore, he prayed for reviewing the judgment dated 10.12.2024.

2. In paragraph 10 of the judgment dated 10.12.2024 the age of the review petitioner was shown as 51 and the multiplier was stated as 11. It is true that the age of the original Petitioner was 57 and the multiplier to be applied is 9. However, loss of disability assessed is correctly shown as 35640/-. Therefore, in paragraph 10 of the judgment, the age of the original petitioner is to be corrected as 57 instead of 51 and the multiplier is to be corrected as 9, instead of 11.

3. In Ext.C1 disability certificate produced in the case, the permanent physical disability of the claimant was assessed as 12%. However, the Tribunal has scaled down the percentage of disability to 3% and the same was accepted by this Court in the judgment dated 10.12.2024. According to the learned counsel for the review petitioner, future prospects can be awarded only in case of death and in cases involving serious injury resulting in permanent disablement. To substantiate the said argument, the learned counsel has relied upon the decision of the Hon’ble Supreme Court in Sidram v. The Divisional Manager, United India Insurance Co.Ltd and Anr. (2022) 8 SCR 403. In paragraph 31 of the above judgment, the Apex Court held that :

“It is now a well settled position of law that even in cases of permanent disablement incurred as a result of a motor-accident, the claimant can seek, apart from compensation for future loss of income, amounts for future prospects as well. We have come across many orders of different tribunals and unfortunately affirmed by different High Courts, taking the view that the claimant is not entitled to compensation for future prospects in accident cases involving serious injuries resulting in permanent disablement. That is not a correct position of law. There is no justification to exclude the possibility of compensation for future prospects in accident cases involving serious injuries resulting in permanent disablement. Such a narrow reading is illogical because it denies altogether the possibility of the living victim progressing further in life in accident cases – and admits such possibility of future prospects, in case of the victim’s death.

4. In the above decision what is stated by the Hon’ble Apex Court is that future prospects is to be added in cases involving serious injuries resulting in permanent disablement.

5. The learned counsel for the review petitioner has relied upon the decision of a learned Single Judge of this court in Joby A.A. v. Paul and Another (MACA 3674/2018 decided on 14.2.2025), in which the learned Single Judge held that addition to income towards future prospects can be allowed only when there is convincing and reliable evidence showing that the injuries sustained has a profound impact on the petitioners earning capacity and that the impairments and difficulties caused by the accident will persist throughout his life. In the decision in Smitha Joby v. Paul and Another (MACA 3695/2018 decided on 14.2.2025 relied upon by the learned counsel also the learned Single Jude has not added future prospects in a case in which there was 6% disability.

6. In the decision in Pandi v. Solamalai Express (Civil Miscellaneous Appeal No.2728/2021 dated 27.1.2022) relied upon by the learned counsel for the review petitioner, the Madras High Court observed as follows :-

“I am unable to accept the contention of the learned counsel for the claimant that the future prospects should be added. There is no proh