Compensation enhanced for prolonged recovery, pain and suffering, and loss of amenities.

In brief

The question

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

The court held

The appeals were allowed in part.

It also directed

The compensation in MVC No. 861/2020 was enhanced to ₹8,81,746 from ₹8,30,496, and the compensation in MVC No. 862/2020 to ₹2,63,500 from ₹2,07,250.

The enhanced compensation carries interest at 6% per annum from the date of the petition until payment, and KSRTC was directed to deposit it with accrued interest before the Tribunal within four weeks of receiving the certified judgment.

01Facts

On 13 February 2020, the appellants were travelling as passengers in a KSRTC bus when, near Sai Public School, Halageri, the bus allegedly crossed a speed breaker without due care, throwing them from their seats and causing injuries.

¶ 3

The Tribunal partly allowed their claims, awarding ₹8,30,496 in MVC No. 861/2020 and ₹2,07,250 in MVC No. 862/2020.

¶ 8

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

pp. 1–2 · ¶ 1

02Issues

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

¶ 12(i)

ii.2. What order should follow from the Court’s determination of the adequacy of compensation

¶ 12(ii)

03Law Applied

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

pp. 1–2

The Court assessed compensation by considering the evidence of injury and disability, the claimant’s income and applicable multiplier, the period required for recovery, and the appropriate heads of compensation.

No judicial precedents were cited in the judgment.

Provisions in the judgment · 1 · Linked ones open on LawLens

Motor Vehicles Act, 1988 Section 173

04Reasoning

For the claimant in MVC No. 861/2020, the Court upheld the Tribunal’s assessment of 20% whole-body functional disability and its calculation of loss of future income, as well as the medical expenses and attendant-related charges.

¶ 14–20

It increased loss of income during the laid-up period from ₹13,750 to ₹35,000, pain and suffering from ₹25,000 to ₹40,000, and awarded ₹25,000 for loss of amenities.

¶ 14–20

For the claimant in MVC No. 862/2020, it upheld the Tribunal’s assessment of 10% whole-body disability, income of ₹13,750 per month, and multiplier of 9, and left the loss-of-future-income award undisturbed.

¶ 22–26

It increased laid-up-period loss from ₹13,750 to ₹35,000 and pain and suffering from ₹25,000 to ₹40,000, and awarded ₹20,000 for loss of amenities.

¶ 22–26