17-Year-Old Cyclist Hit By State Bus Has Award Raised By Rs 40,000 As Madras HC Sets Disability Rate At Rs 9,000 Per Percentage Point

On 3 April 2021, the claimant, then aged 17 and a student, was riding a bicycle when a bus belonging to the respondent Transport Corporation struck her from behind.

The Tribunal found the bus driver negligent and awarded ₹74,097, including ₹25,000 for 5% disability calculated at ₹5,000 per percentage, alongside amounts for pain and suffering, nourishment, medical bills and other expenses.

The claimant appealed under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement of compensation.

The appeal was brought under Section 173 of the Motor Vehicles Act, 1988, which provides for an appeal against an award of a Motor Accident Claims Tribunal.

The Court applied the percentage method to assess disability because the Medical Board certificate did not identify any functional disability; it considered the amount payable per percentage in light of the accident’s 2021 date and inflation.

The Court left undisturbed the Tribunal’s finding of negligence and focused on quantum.

As the Medical Board assessed 5% disability but did not specify functional disability, the Tribunal had properly used the percentage method; however, ₹5,000 per percentage was inadequate given the accident occurred in 2021.

The Court therefore increased the rate to ₹9,000 per percentage, awarding ₹45,000 for disability.

It also found the awards for pain and suffering and nourishment inadequate and increased them to ₹25,000 and ₹10,000 respectively, while affirming the remaining heads as just and proper.

The total compensation was enhanced from ₹74,097 to ₹1,14,097, with interest at 7.5% per annum from the claim-petition filing date until deposit.

The respondent was directed to deposit the amount, less any sum already deposited, within six weeks.

The claimant was not entitled to interest for the 446-day delay period, as previously ordered; the Tribunal’s other directions remained unchanged.