After Tibia Fracture, Karnataka HC Raises 23-Year-Old Mechanic’s Accident Compensation By Rs 61,482, Including 4 Months’ Lost Income

The claimant sought compensation for injuries sustained in a road accident on 3 November 2023, allegedly caused by the negligent riding of a motorcycle.

The Motor Accident Claims Tribunal awarded ₹4,06,133, including compensation for pain and suffering, loss of amenities, laid-up-period income, expenses, and future income loss.

The claimant appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement.

The High Court took the appeal up for disposal with the consent of counsel for the claimant and insurer.

Section 173(1) of the Motor Vehicles Act, 1988 provides for an appeal against a Motor Accident Claims Tribunal’s award.

In assessing compensation, the Court applied the Karnataka State Legal Services Authority’s notional income figure for 2023 of ₹16,250 per month.

It also applied the principle that, where disability is assessed for a lower limb, one-third of that figure is taken as whole-body disability.

The Court used the multiplier of 18 for the claimant’s age of 23 at the time of the accident.

The Court accepted the Tribunal’s multiplier of 18 and its assessment of whole-body disability at 8.3%, which was consistent with taking one-third of the claimant’s 25% right-lower-limb disability.

It substituted the 2023 notional income of ₹16,250 for ₹16,000, and, considering the claimant’s tibial fracture and work as a mechanic, assessed four months’ rather than three months’ income loss during recovery.

It increased compensation for pain and suffering and loss of amenities, while leaving medical and attendant, conveyance, and related expenses unchanged.

Applying the revised income to future loss—₹16,250 × 12 × 18 × 8.3%—the Court recalculated total compensation at ₹4,67,615.

The Court enhanced the award from ₹4,06,133 to ₹4,67,615, granting an additional ₹61,482 with interest at 6% per annum from the date of the petition until realisation.

The insurer was directed to deposit the enhanced amount with interest before the Tribunal within six weeks, and the claimant was permitted to withdraw the entire enhancement with interest.