Injured Motorcycle Rider Gets Rs 8.16 Lakh As Karnataka HC Sets Aside 20% Liability Share

On 1 January 2018, the appellant was riding his motorcycle when it collided with a motorcycle approaching from the opposite direction.

He sustained grievous injuries, received inpatient treatment and underwent surgery.

The Tribunal partly allowed his claim, awarding compensation; the appellant appealed seeking enhancement, while the insurer opposed the appeal and supported the Tribunal’s findings, including its apportionment of liability.

The judgment records the Tribunal’s award inconsistently: paragraph 1 states ₹5,18,100, while the table and operative order identify ₹6,47,527 as the amount awarded.

The appeal was brought under Section 173(1) of the Motor Vehicles Act.

The Court assessed the compensation payable for future loss of income by applying the income, multiplier and disability percentage used in its calculation, and separately considered compensation under the other heads listed in its award.

No precedent or further statutory provision is identified in the judgment.

The Court concluded that the 20% liability attributed to the appellant was unsustainable, noting that he had suffered injuries while the rider of the offending motorcycle had not.

For future loss of income, it used a monthly income of ₹12,500, a multiplier of 16 and disability of 16%, calculating ₹3,84,000 (₹12,500 × 12 × 16 × 16%).

It also increased compensation for conveyance, food, nourishment and attendant charges, loss of income during the laid-up period, and loss of amenities, while leaving the amounts for pain and suffering, medical expenses and future medical expenses unchanged.

The Court modified the award and granted total compensation of ₹8,16,547, payable with interest at 6% per annum from the date of filing the petition until realization.

The insurer was directed to deposit the amount within eight weeks of receiving the certified judgment, and the Tribunal was directed to disburse it in accordance with the apportionment in its award.