Karnataka HC Adds ₹36,400 To Grocery Shop Owner’s Compensation After Head Surgery, Finds No Permanent Disability

The claimant sought compensation under Section 166 of the Motor Vehicles Act, 1988, for injuries sustained in a road accident on 22 April 2009 while travelling in an autorickshaw.

The Tribunal awarded him Rs.1,50,701 with interest at 6% per annum, but declined compensation for future loss of income and loss of amenities.

The claimant appealed under Section 173(1), seeking enhancement.

The Court considered the Motor Vehicles Act, 1988, under which the claimant had pursued compensation under Section 166 and appealed under Section 173(1).

It applied the principle that compensation should be assessed on the evidence of the injuries, treatment, expenses, and any established disability or loss of earning capacity.

No judicial precedents were cited in the judgment.

The medical evidence showed that the claimant sustained a head injury, underwent surgery, and remained an inpatient for 23 days.

However, the evidence did not establish permanent disability or loss of earning capacity; the doctor specifically acknowledged that the injuries had healed and caused no disability affecting the claimant’s work as a grocery-store owner. The Court therefore upheld the refusal to award future loss of income and loss of amenities.

It found the award for pain and suffering inadequate given the head injury and surgery, and considered the amounts for conveyance, nourishment, and attendant charges insufficient in light of the hospital stay. It enhanced those heads while leaving medical expenses and laid-up-period income unchanged.

The Court awarded an additional Rs.36,400 with interest at 6% per annum from the date of the claim petition until deposit, and directed the insurer to deposit the amount before the Tribunal within six weeks.

The enhanced compensation and interest were ordered to be released to the claimant by electronic means.