Fracture injuries warrant three months’ lost income at the applicable notional wage.

The claimant sought compensation for injuries sustained in a road traffic accident on 3 October 2023.

The MACT partly allowed her claim, awarding ₹7,00,132, including compensation for pain and suffering, loss of income during the laid-up period, medical expenses, disability-related loss of future income, loss of amenities, and future medical expenses

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

The High Court considered the appeal with the consent of counsel for the claimant and insurer.

1. Whether the compensation awarded by the Tribunal required enhancement in light of the claimant’s injuries and the applicable income assessment.

2. Whether the claimant was entitled to increased compensation for pain and suffering, loss of amenities, the laid-up period, future medical expenses, and loss of future income.

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.

In assessing compensation, the Court applied the 2023 Karnataka State Legal Services Authority notional monthly income of ₹16,250, used a multiplier of 9 having regard to the claimant’s age of 56 at the time of the accident, and calculated loss of future income by reference to the Tribunal’s unchallenged disability assessment of 14%.

The Court held that the Tribunal had correctly applied multiplier 9 but had used monthly income of ₹16,000 instead of the applicable notional income of ₹16,250.

Considering the claimant’s clavicle and tibial condyle fractures, age, and occupation as a coolie, it enhanced pain and suffering to ₹80,000, loss of amenities to ₹60,000, and compensation for three months’ laid-up period to ₹48,750.