Karnataka HC Adds ₹1.65 Lakh To Accident Compensation For Man With Brain Bleeds And Open Leg Fracture

The claimant sought compensation for injuries sustained in a road traffic accident on 27 June 2018, allegedly caused by the negligent driving of a motorcycle.

The Tribunal awarded ₹4,94,752, including ₹20,000 for pain and suffering and ₹15,000 for loss of amenities, with interest at 6% per annum.

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

His injuries included an open fracture of the right tibia and fibula and serious head injuries; a doctor also testified that implant-removal surgery would cost ₹30,000.

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

The judgment does not cite any precedent or articulate a separate legal test for assessing the heads of compensation.

It assesses compensation on the evidence of the claimant’s injuries and the doctor’s testimony, awards interest at 6% per annum on the enhanced compensation, excludes interest on future medical expenses, and denies interest for the appeal-delay period.

Having regard to the serious fractures and head injuries, the Court found the Tribunal’s awards of ₹20,000 for pain and suffering and ₹15,000 for loss of amenities inadequate, increasing those heads by ₹80,000 and ₹55,000 respectively.

Accepting the doctor’s evidence that implant-removal surgery would cost ₹30,000, it awarded that amount as future medical expenses but denied interest on it.

The Court also applied its order concerning the 551-day delay to deny interest for that period.

The claimant was awarded enhanced compensation of ₹1,65,000, with interest at 6% per annum from the date of the claim petition until realization, except on the ₹30,000 awarded for future medical expenses; no interest was payable for the 551-day appeal delay.

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