The Karnataka High Court has held that even in cases where there is no amputation in an accident but only an injury, the victim has to be compensated for ‘loss of future prospects’. It enhanced the compensation awarded to accident victim Abdul Mehaboob Tahasildar, a 39-year-old native of Hubballi, from Rs 5.23 lakh to Rs 6.11 lakh.
The court said, “Loss of future prospects’ also has to be factored in notwithstanding the fact that this is not a case of death but a case of injury without amputation resulting in whole body disability to the extent of 20 per cent which ultimately has a bearing on reduced earning capacity.” The division bench of Justice Krishna Dixit and Justice P Krishna Bhat, in their recent judgement, said the value of money does not remain constant over the years. “Thus, the claimant being aged only 40 years, he has long years ahead of him to look forward to, the sliding value of the money will have adverse impact on his future prospects,” the court said.
Abdul, a tailor, was returning to Hubballi from Keruru in a Karnataka State Road Transport Corporation bus on December 31, 2009. The bus met with an accident as it hit a lorry, and Abdul was injured. The Motor Accident Claims Tribunal in Hubballi heard his claim for compensation and declared the award in 2016.
Both Abdul and the New India Assurance Company Limited approached the High Court with appeals against the award. The court while making the changes to the tribunal’s award said “courts are enjoined under the law to award ‘just compensation’ and no compensation can be regarded as just unless the law is capable of reinventing itself by making proper adjustments as the needs of the time required.”
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