An agriculturist’s physical work demands justified assessing whole-body disability at 11%.

The appellant sustained injuries, including a fracture of the left humerus, when a car struck him while he was crossing the road on 28 May 2015.

He sought compensation before the Motor Accident Claims Tribunal, which awarded ₹2,64,485 with interest at 6% per annum.

Dissatisfied with the quantum, he appealed under Section 173(1) of the Motor Vehicles Act, 1988.

The appeal concerned the adequacy of compensation, including the assessment of disability and the amounts awarded under various heads.

1. Whether the compensation awarded by the Tribunal was inadequate and required modification

2. What order should follow from the Court’s determination of the appeal

Section 173(1) of the Motor Vehicles Act, 1988 provides for an appeal to the High Court against an award of a Claims Tribunal.

In assessing compensation for loss of future earning capacity, the Court applied a monthly income of ₹8,000, the multiplier of 17 for a claimant aged 28, and a whole-body disability assessment of 11%.

The Court adopted the Karnataka Legal Services Authority guidelines to assess income where the claimant’s asserted earnings were unsupported by material evidence.

No judicial precedent was cited.

The Court upheld the Tribunal’s income assessment because the claimant had not produced evidence supporting his asserted agricultural income of ₹2,00,000 per annum.

Considering the claimant’s physical work as an agriculturist, the fracture, and the doctor’s evidence of 35% disability to the limb, the Court assessed whole-body disability at 11% and calculated loss of future earning capacity at ₹1,79,520.

It also found the awards for pain and suffering and attendant, food and nourishment charges inadequate, increased compensation for the laid-up period, and awarded compensation for loss of amenities, while leaving medical expenses undisturbed.

It enhanced the total compensation to ₹3,47,138 from ₹2,64,485, with the enhanced amount carrying interest at 6% per annum from the date of the petition until payment.

The insurer was directed to deposit the enhanced compensation with accrued interest within eight weeks of receiving the certified judgment.