Ankle Fractures Affecting Farm Work: Karnataka HC Raises Farmer’s Accident Compensation To ₹4.49 Lakh After Assessing 8% Functional Disability

Vitthal, an agriculturist, sustained fractures to the right medial and lateral malleoli and the fourth and fifth right metatarsal bones when a car struck his motorcycle from behind on 19 February 2023.

He sought compensation in MVC No. 41/2024; the Tribunal awarded ₹2,87,692 with 6% interest, assessing whole-body and functional disability at 5%.

On appeal under Section 173(1) of the Motor Vehicles Act, he challenged the adequacy of the compensation, including the disability assessment and awards under other heads.

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

In assessing loss of future income, National Insurance Company Ltd. v. Pranay Sethi, AIR 2017 SC 5157, supports adding 40% to income for future prospects in the circumstances applied here; the Court also applied a multiplier of 16 based on the appellant’s age.

Functional disability is not determined by a rigid one-third conversion of limb disability: it must be assessed in light of the injury’s nature and consequences and the injured person’s occupation.

The Court accepted the KSLSA chart income of ₹15,250 per month in the absence of proof of earnings.

The Tribunal had reduced the doctor’s 15% disability assessment to 5% by applying a one-third approach.

The High Court considered the fractures’ potential effects on ankle stability and movement, including difficulty with squatting and other activities, and related those effects to agricultural work, which requires standing, walking, sitting and squatting.

It therefore assessed functional disability at 8%, rather than applying a mechanical conversion.

Using monthly income of ₹15,250, adding 40% for future prospects and applying multiplier 16, it calculated future income loss at ₹3,27,936.

It found no basis to increase medical expenses, but enhanced compensation for pain and suffering, loss of amenities, laid-up-period income, and special diet, transportation and attendant charges.

The enhanced amount carries interest at 6% per annum from the date of the claim petition until realization.

The Insurance Company was directed to deposit it within six weeks of receiving the certified judgment, for release to the appellant on due identification.