Under the Motor Vehicles Act, 1988, can a claimant''s stated monthly income be rejected merely for want of documentary evidence where he worked as a driver in that strata of income?

No. Documentary evidence could not be expected from persons employed in that strata of income; considering the occupation as driver and the year of the accident, a monthly income of Rs. 6,000/- was accepted as reasonable to compute. With medical evidence that the appellant would not be able to drive heavy vehicles after his right leg was amputated, functional disability was computed at hundred per cent and future prospects taken at 40 per cent.

Motor Vehicles Act, 1988 — s.168 — Just compensation — Prosthetic limb — Restitutio in integrum — Assumed life span of seventy years — Block of five years — Government Notification rates — Functional disability — Future prospects — Motor Vehicles Act, 1988 — s.168 — Prosthetic limb — Restitutio in integrum — Government rates not binding — Held: Restitutio in integrum entitles an amputee to procure a prosthetic limb of his own choice from a private centre; where the provision claimed is reasonable it is no answer for the defendant to point to cheaper options. The rates in the Government Notification, being abysmally low, are rejected. (¶26, 27) Motor Vehicles Act, 1988 — s.168 — Prosthetic limb — Assumed life span seventy years — Block of five years — Held further: Compensation for a prosthetic limb is computed on an assumed life span of seventy years with a block of five years as the reasonable replacement period, so a claimant aged thirty-two at the accident needs seven limbs, besides maintenance cost. (¶30, 31, 33) Motor Vehicles Act, 1988 — s.168 — Prosthetic limb — Quotations from service providers — Held further: A claim for compensation under the head of prosthetic limb must be accompanied with requisite quotations from at least two or three service providers, enabling the Tribunal to make an informed assessment of the actual cost. (¶29) Motor Vehicles Act, 1988 — s.168 — Monthly income — No documentary evidence — Functional disability — Held further: Documentary evidence of income cannot be expected from persons employed in that strata of income, and an amputated driver who can no longer drive heavy vehicles has a functional disability of hundred per cent. Appeal allowed. (¶35, 39)

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