Karnataka HC Adds ₹1.06 Lakh To Road-Accident Claimant’s Award, Assessing Whole-Body Disability At 13.16%

The claimant appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement of compensation awarded by the MACT, Mysuru, for injuries sustained in a road accident on 30 August 2022.

The Tribunal awarded ₹7,41,340, including compensation for pain and suffering, medical expenses, disability-related loss of future earning capacity, laid-up-period income loss, and other heads.

The claimant was 54 years old at the time of the accident; the High Court considered his injuries and the medical evidence concerning disability and future implant-removal surgery.

The appeal was brought under Section 173(1) of the Motor Vehicles Act, 1988.

In assessing compensation for permanent disability, the Court applied the multiplier method, retaining the multiplier of 11 for the claimant’s age and the notional monthly income of ₹15,500 for the year of accident.

It assessed whole-body disability by taking one-third of the lower-limb disability and one-fourth of the upper-limb disability; it excluded the skin specialist’s disability assessment because the claimant’s agricultural occupation was not functionally affected by the skin deformity.

No precedent was cited.

The Court found no reason to disturb the Tribunal’s income or multiplier findings, but enhanced compensation for pain and suffering from ₹45,000 to ₹60,000 and loss of amenities from ₹20,000 to ₹40,000.

It calculated whole-body disability at 13.16% and loss of future income at ₹2,69,254 using the multiplier method.

In view of the 11-day hospital admission, it reduced compensation for attendant, conveyance, food, and nourishment to ₹11,000; it retained the medical-expense and laid-up-period awards, and increased future medical expenses from ₹20,000 to ₹30,000 based on the anticipated implant-removal surgery.

The judgment’s final table appears to transpose the figures for loss of future income and laid-up-period income; its narrative and stated total reflect ₹2,69,254 and ₹46,500, respectively.

The Court enhanced total compensation to ₹8,47,454, entitling the claimant to an additional ₹1,06,114, with interest at 6% per annum from the date of the petition until realization, except on the enhanced ₹10,000 for future medical expenses.

The insurer was directed to deposit the enhanced amount with applicable interest within six weeks, and the claimant was permitted to withdraw the entire enhanced amount.