Head Injury Left Coolie Needing Walking Support As Karnataka HC Assesses 20% Whole-Body Disability, Raises Award To Rs 4.39 Lakh

The appellant, an agricultural coolie, sustained serious injuries, including a head injury requiring craniotomy, when struck by a motorcycle on 25 June 2014.

She claimed that her injuries impaired her ability to work and earn her livelihood.

The Tribunal awarded her Rs. 2,36,000 with interest at 6% per annum, assessing whole-body disability at 10%.

She appealed, principally challenging the disability assessment and adequacy of compensation.

The doctor examined by her had assessed disability at 45% to the whole body; the High Court also considered the medical findings and the appellant’s functional limitations.

A further assessment at NIMHANS could not be completed because of her medical and financial circumstances.

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

In assessing compensation for permanent disability, the court must evaluate medical evidence in light of the injured person’s occupation and determine the resulting functional and earning-capacity impairment; a doctor’s medical assessment is relevant but does not, by itself, determine functional disability.

The Court applied National Insurance Company Limited v. Pranay Sethi, AIR 2017 SC 5157, for adding 10% to established income towards future prospects in this case.

It applied the multiplier of 11 having regard to the appellant’s age.

The Court considered the neurological findings in the disability certificate, including left-sided paresis, reduced limb power, an unstable gait requiring support, and the need for assistance with daily activities.

It held that these findings, viewed alongside the physical demands of agricultural coolie work, demonstrated substantial functional and earning-capacity impairment.

The Court nevertheless did not adopt the doctor’s 45% whole-body assessment: given the incomplete further medical assessment, it fixed disability at 20%.

Taking monthly income as Rs. 7,500, adding 10% future prospects, and applying multiplier 11 and 20% disability, it calculated future loss of earnings at Rs. 2,18,000.

It also adjusted transportation, attendant, nourishment, and loss-of-amenities compensation, while maintaining the amounts awarded for pain and suffering, medical expenses, and laid-up-period earnings.

The Court modified the award and fixed total compensation at Rs. 4,39,630, resulting in enhanced compensation of Rs. 2,03,800, with interest at 6% per annum from the date of the claim petition until realization.

The insurer was directed to deposit the enhanced amount within six weeks of receiving the certified judgment, for release to the appellant on due identification.