After 72 Days In Hospital, Karnataka HC Raises Accident Victim’s Compensation To ₹7.99 Lakh

The claimant sustained injuries in a road traffic accident on 15 March 2023, allegedly caused by the rash and negligent driving of a tractor. The Tribunal awarded him Rs.5,28,107 in compensation, with interest at 6% per annum. He appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement

The High Court considered the claimant’s age, fractures, 72-day hospital stay, and assessed disability in determining the appropriate compensation

1. Whether the compensation awarded by the Tribunal for pain and suffering, loss of amenities, attendant and conveyance charges, and loss of income during the laid-up period required enhancement

2. Whether the Tribunal correctly assessed the claimant’s whole-body disability and compensation for loss of future income

The appeal was brought under Section 173(1) of the Motor Vehicles Act, 1988, which permits an appeal against a Motor Accident Claims Tribunal award

In assessing compensation, the Court applied the multiplier method, retaining multiplier 18 for the claimant’s age at the time of the accident, and used a notional monthly income of Rs.16,250, which it considered appropriate for the year of the accident

For the disability calculation in this case, the Court treated one-third of the assessed lower-limb disability as whole-body disability

The Court accepted the Tribunal’s multiplier and notional-income findings but concluded that the claimant’s injuries and treatment warranted higher amounts under several heads. It increased pain-and-suffering compensation to Rs.1,30,000, awarded Rs.80,000 for loss of amenities, and raised attendant, nourishment, and conveyance charges to Rs.72,000 based on 72 days in hospital

As the doctor assessed lower-limb disability at 33%, the Court applied one-third to arrive at 11% whole-body disability and calculated future income loss at Rs.3,86,100 using the multiplier method

It also awarded Rs.1,13,750 for seven months’ loss of income during the laid-up period, taking account of the claimant’s injuries and removal of extra fixtures in December 2023

The insurer was directed to deposit the enhanced amount with interest before the Tribunal within six weeks, and the claimant was entitled to release of the entire enhanced compensation