For 2011 motor accident claims, notional monthly income is ₹6,500 absent proof of earnings.

On 2 August 2011, Kalamma and Suresh sustained injuries when the motorcycle on which they were travelling collided with a lorry. They filed separate claims against the lorry’s owner and insurer.

The Motor Accident Claims Tribunal found the lorry driver negligent and awarded Kalamma ₹10,000 and Suresh ₹1,12,200. Both claimants appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement. The High Court considered the appeals together.

1. Whether Kalamma was entitled to enhancement of compensation

2. Whether Suresh was entitled to enhancement of compensation

The appeals were brought under Section 173(1) of the Motor Vehicles Act, 1988, which provides for appeals from awards of a Claims Tribunal.

In reassessing personal-injury compensation, the Court considered the evidentiary support for the injuries and expenses, the applicable notional income, loss of income during the recovery period, and loss of amenities.

Kalamma produced no medical records, including a wound certificate or discharge summary, and did not examine a doctor; the Court therefore found no basis to enhance the Tribunal’s ₹10,000 award.

Suresh’s wound certificate and treatment records established fractures and 26 days of inpatient treatment. As he produced no proof of earnings, the Court substituted the 2011 notional monthly income of ₹6,500 for the Tribunal’s ₹6,000, assessed three months’ laid-up-period loss at ₹19,500, increased food, nourishment and incidental expenses to ₹20,000, and awarded ₹15,000 for loss of amenities. It left unchanged the amounts for pain and suffering, medical expenses and future medical expenses.

It modified the award in Suresh’s claim to ₹1,38,700, with interest at 6% per annum from the date of the claim petition until deposit, excluding the 396-day delay in filing the appeal. The insurer was directed to deposit the compensation within six weeks, after which the entire amount was to be released to the claimants.