Head-Injured Accident Claimant Gets Rs 54,200 More, But Karnataka HC Keeps Disability At 6% After He Recalled Details In Cross-Examination

The claimant sought compensation for injuries sustained in a road accident on 9 September 2023, allegedly caused by the negligent driving of a car.

The Motor Accident Claims Tribunal partly allowed his claim and awarded ₹3,97,400, including compensation for 6% disability-related loss of future income, applying a monthly income of ₹16,000 and a multiplier of 18.

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

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

Section 173(1) of the Motor Vehicles Act provides for an appeal against an award of a Claims Tribunal.

In assessing compensation, the Court applied the Karnataka State Legal Services Authority’s notional monthly income of ₹16,250 for 2023, used a multiplier of 18 having regard to the claimant’s age, and calculated disability-related loss of future income by applying the assessed disability percentage to annual income and the multiplier.

The judgment cites no precedent; it assesses the remaining heads by reference to the injuries, hospitalisation, and medical bills proved in the case.

The Court substituted the applicable notional income of ₹16,250 for the Tribunal’s figure of ₹16,000 and recalculated four months’ loss of income as ₹65,000.

It enhanced pain-and-suffering compensation from ₹50,000 to ₹80,000 and loss of amenities from ₹40,000 to ₹60,000, considering the claimant’s head injuries.

It retained the Tribunal’s awards for attendant, conveyance, food and nourishment, and medical expenses, having regard to the eight-day hospital stay and the bills produced.

Although the doctor assessed 25% neuro-disability based on a report by a doctor who was not examined, the claimant’s cross-examination indicated that he retained his memory of material particulars; the Court therefore upheld the Tribunal’s 6% disability assessment and calculated future income loss as ₹16,250 × 12 × 18 × 6% = ₹2,10,600.

It directed the insurer to deposit the enhanced amount with interest before the Tribunal within six weeks and ordered release of the entire enhanced compensation to the claimant.