Considering Hamal’s Work And Femur Fracture, Karnataka HC Fixes Whole-Body Disability At 12%, Raises Award To ₹4.26 Lakh

The claimant, a hamal, sustained injuries, including a fracture of the left femur, in a motor accident on 24 September 2018 caused by the negligent driving of a lorry.

The Senior Civil Judge and Additional Motor Accident Claims Tribunal, Sirsi, awarded him ₹2,68,900, including ₹62,400 for loss of future earning capacity, and fixed interest at 6% per annum.

The claimant appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhanced compensation; the accident and the insurer’s liability were not disputed.

Section 173(1) of the Motor Vehicles Act, 1988, permits an appeal against a motor accident compensation award.

Where income is not proved, the court may assess it by reference to the Karnataka State Legal Services Authority’s notional income chart applicable to the accident year.

For future loss of earning capacity, compensation is calculated by applying the relevant multiplier to monthly income and the assessed percentage of whole-body disability; the Court referred to National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680, in applying a multiplier of 13.

In assessing interest, relevant economic factors may be considered, as noted in Puttamma v. K.L. Narayana Reddy, (2013) 15 SCC 45; the Court also relied on the Karnataka High Court’s decision in United India Insurance Company v. Malyadari, MFA No. 3895/2018, in considering 9% per annum appropriate in cases involving death and serious injuries.

The claimant’s income was unsupported by direct evidence, so the Court applied the KSLSA notional income figure for an accident occurring in 2018 and fixed monthly income at ₹11,750, rather than the Tribunal’s ₹8,000.

Given the claimant’s hamal work and left femur fracture, and the parties’ consent to a 12% whole-body disability assessment, the Court increased the disability percentage from 5% and recalculated future earning loss as ₹2,19,960 (₹11,750 × 12 × 13 × 12/100).

It retained the Tribunal’s other compensation amounts, bringing total compensation to ₹4,26,460.

Applying the cited authorities on interest, it fixed interest on the enhanced compensation at 9% per annum.

The Tribunal’s award was modified, and total compensation was enhanced from ₹2,68,900 to ₹4,26,460.

The enhanced compensation carries interest at 9% per annum from the date of the claim petition until realization.

The respondent was directed to deposit the enhanced compensation and accrued interest with the Tribunal within eight weeks of receiving a certified copy of the judgment.