Permanent disability compensation must reflect lifelong deprivation, while interest is unavailable on future expenditure amounts.

Compensation for permanent disabling injuries must be assessed by separating pecuniary loss, such as medical expenses, attendant care, loss of earnings and mobility aids, from non-pecuniary loss, including pain, suffering and loss of amenities. Where the claimant is left with lifelong paraplegia, the award must reflect the gravity of the deprivation and be a fair, realistic sum rather than a purely mathematical calculation; several heads were found inadequate and enhanced. Interest may be granted only on sums that have become due on the award date, so amounts reserved for future expenditure do not carry interest.

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Issues: (i) Whether the compensation awarded for permanent disability, attendant care, medical expenses, loss of earnings, and non-pecuniary loss required enhancement; (ii) whether interest could be awarded on amounts reserved for future expenditure.

Issue (i): Whether the compensation awarded for permanent disability, attendant care, medical expenses, loss of earnings, and non-pecuniary loss required enhancement.

Analysis: The assessment of compensation in a serious motor accident injury case must distinguish between pecuniary damages and non-pecuniary damages. Pecuniary loss includes medical and attendant expenses and loss of earnings, while non-pecuniary loss covers pain and suffering and loss of amenities. Where the claimant had become permanently paraplegic and was left with lifelong disability, the award had to reflect the gravity of the deprivation and could not be reduced to a purely mathematical exercise. On the facts, the amounts granted for several heads, including mobility aids, attendant charges, physiotherapy, loss of earnings, and non-pecuniary loss, were found inadequate and were enhanced.

Conclusion: The compensation was enhanced in substantial part and the challenge to the reduced award succeeded partly in favour of the appellant.

Issue (ii): Whether interest could be awarded on amounts reserved for future expenditure.

Analysis: Interest is payable only on sums that have become due on the date of the award. Amounts earmarked for future expenditure are not presently payable and therefore do not carry interest.

Conclusion: Interest on future expenditure was disallowed.

Final Conclusion: The compensation award was increased on several heads, while interest was confined to sums presently payable and excluded from future expenses, and the connected challenge stood rejected.

Ratio Decidendi: In assessing compensation for permanent disabling injuries, courts must separately evaluate pecuniary and non-pecuniary loss and award a fair, realistic sum reflecting lifelong deprivation, while interest cannot be granted on amounts meant for future expenditure.

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