An unproved neuropsychological report did not justify enhancing the Tribunal’s functional-disability assessment.

Gayathri sustained injuries in a road traffic accident on 17 December 2024 involving a BMTC bus. She attributed the accident to the bus driver’s rash and negligent driving and sought compensation.

The Tribunal awarded her Rs. 11,24,555 with interest at 6% per annum, including compensation for pain and suffering, medical expenses, future loss of earnings, loss of income during the laid-up period, attendant and food charges, and loss of amenities and marriage prospects. Gayathri appealed for enhancement, while BMTC challenged negligence, liability, and the quantum of compensation.

1. Whether the Tribunal erred in finding the BMTC bus driver negligent and declining to attribute contributory negligence to the claimant.

2. Whether the Tribunal’s assessment of disability and compensation under the various heads was erroneous, warranting enhancement or reduction.

The appeals were brought under Section 173(1) of the Motor Vehicles Act, 1988, which provides for an appeal against an award of the Claims Tribunal.

It applies the principles of assessing accident compensation by reference to the evidence of negligence, injury, income, functional disability, and the appropriate multiplier; it also treats the claimant’s actual employment circumstances and the evidentiary basis for a disability assessment as relevant to determining loss of future earning capacity.

The Court upheld the finding of negligence because the charge sheet against the bus driver was unchallenged, the sketch placed the accident on the left side of the road in front of a bus stop, and BMTC did not call eyewitnesses.

It found no basis to disturb the Tribunal’s assessment of functional disability at 18%: the doctor’s higher assessment of 26.6% relied on a neuropsychological report whose author was not examined.

The Court also upheld the income of Rs. 18,000 per month, multiplier of 18, and awards for medical expenses, laid-up-period earnings, and loss of amenities and marriage prospects.

However, given the claimant’s injuries, it considered Rs. 30,000 for pain and suffering inadequate and increased that amount by Rs. 70,000.

It awarded Gayathri additional compensation of Rs. 70,000, with interest at 6% per annum from the date of the petition until realization, payable by BMTC. BMTC was directed to deposit the enhanced amount within six weeks, and the claimant was permitted to withdraw it.