Enhanced injury compensation must be reduced proportionately for the claimant’s 50% contributory negligence.

The claimant, a BMTC driver, sustained multiple fractures and other injuries in a road accident on 30 August 2020 involving a motorcycle insured by respondent No. 1.

The Tribunal awarded compensation under several heads and found the claimant and the motorcycle rider each 50% responsible for the accident.

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

The High Court considered the nature of the injuries, the claimant’s 22-day hospital stay, his monthly pay of Rs. 40,000, and the Tribunal’s finding on contributory negligence.

1. Whether the claimant was entitled to enhanced compensation for his injuries and resulting losses

2. Whether the Tribunal’s finding that the claimant bore 50% contributory negligence should affect the enhanced compensation

The appeal was brought under Section 173(1) of the Motor Vehicles Act.

The Court assessed compensation under the relevant heads, including pain and suffering, loss of amenities, loss of income during the laid-up period, and attendant, conveyance, food and nourishment expenses.

It applied the Tribunal’s finding of 50% contributory negligence to the enhanced amount.

No judicial precedents were cited.

Having regard to the claimant’s multiple fractures and other injuries, the Court found that the compensation for pain and suffering and loss of amenities warranted enhancement.

It also awarded Rs. 40,000 for one month’s loss of income, based on the claimant’s monthly pay, and increased the amount for attendant, conveyance, food and nourishment expenses.

The Court did not award compensation for loss of income due to disability, noting that the claimant’s income had not been reduced.

It upheld the 50% apportionment for contributory negligence and therefore reduced the calculated enhancement of Rs. 1,82,000 by half, resulting in an enhanced award of Rs. 91,000.

The claimant was awarded enhanced compensation of Rs. 91,000, with interest at 6% per annum from the date of the petition until realization.

He was denied interest for the 381-day delay in filing the appeal.

The insurer was directed to deposit the enhanced compensation and interest with the Tribunal within six weeks, and the claimant was permitted to withdraw the entire enhanced amount.