Karnataka High Court
Transport, Maritime, and Aviation LawCivil Law

For a 2017 accident claim, notional income is assessed at ₹11,000 per month.

K T RANAGASWAMY vs C SHIVAMMA

Karnataka High CourtJUDGMENT: October 06, 20262 MIN READSOURCE JUDGMENT
For a 2017 accident claim, notional income is assessed at ₹11,000 per month.. K T RANAGASWAMY vs C SHIVAMMA. Karnataka High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The claimant appealed under Section 173(1) of the Motor Vehicles Act, 1988, against the award in MVC No. 691/2017.

Source reference: p. 2–3

The Tribunal had awarded him ₹3,30,000 with interest at 6% per annum, including ₹1,08,000 for loss of income due to disability, calculated using a monthly income of ₹10,000, multiplier of 9 and disability of 10%.

Source reference: p. 2–3

The claimant sought recalculation using the 2017 notional income of ₹11,000 per month and enhancement of compensation for the laid-up period.

Source reference: p. 4–5

The insurer accepted that the notional income should be ₹11,000 but opposed further enhancement.

Source reference: p. 4–5
02

Issues

1. Whether the claimant’s compensation for loss of income due to disability should be recalculated using a monthly notional income of ₹11,000

Source reference: para. 4–6

2. Whether compensation for the laid-up period and pain and suffering (including loss of amenities) warranted enhancement

Source reference: para. 4–6.1
03

Law Applied

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

Source reference: p. 1

The Court applied the income-and-disability calculation used by the Tribunal: monthly income multiplied by 12, the applicable multiplier and the percentage of disability.

Source reference: p. 3, 6

It also assessed the amounts under the laid-up period and pain-and-suffering heads by reference to the claimant’s hospitalization and treatment.

Source reference: p. 4–6

The judgment cites no precedent or further statutory rule governing these assessments.

Source reference: p. 4–6
04

Reasoning

The Court accepted the parties’ common position that ₹10,000 was an incorrect monthly notional income for 2017 and substituted ₹11,000.

Source reference: p. 6

Applying the Tribunal’s multiplier of 9 and disability assessment of 10%, it recalculated disability-related loss at ₹1,18,800.

Source reference: p. 6

Given the hospitalization and visits to more than one hospital, it increased laid-up-period compensation from ₹20,000 to ₹33,000.

Source reference: p. 6

It increased pain-and-suffering compensation from ₹1,05,000 to ₹1,15,000, holding that this amount included loss of amenities and that no separate award under that head was required.

Source reference: p. 6
05

Holding

The appeal was allowed in part, and total compensation was enhanced from ₹3,30,000 to ₹3,63,800, with interest at 6% per annum from the date of the claim petition until realization.

The remaining part of the Tribunal’s award was left undisturbed.

Source reference: p. 7

The insurer was directed to deposit the enhanced compensation with interest within eight weeks, for release to the claimant upon application; there was no order as to costs.

Source reference: p. 7
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Motor Vehicles Act, 19881

Karnataka High Court

Original Court PDF

K T RANAGASWAMYvsC SHIVAMMA

Karnataka High Court · October 06, 2026

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