Karnataka HC Adds ₹6.04 Lakh To Accident Award, Treating Claimant’s 48% Leg Disability As 16% Whole-Body Disability

The claimant appealed under Section 173(1) of the Motor Vehicles Act against the award in MVC No. 608/2023, seeking enhancement of compensation for injuries sustained in a road accident on 15 March 2023.

The Tribunal awarded Rs. 9,47,184 with interest at 6% per annum.

In the appeal, the claimant sought to produce additional medical documents under Order XLI Rule 27 CPC.

The High Court considered the appeal with the consent of counsel for the claimant and insurer.

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

Order XLI Rule 27 CPC governs the reception of additional evidence in appeal; the Court allowed the claimant’s application and considered the further medical documents.

In assessing compensation, the Court applied a multiplier of 18 for the claimant’s age, treated one-third of the assessed 48% right-limb disability as whole-body disability (16%), and calculated loss of future income using the monthly income, multiplier, and disability percentage.

No precedent was cited in the judgment.

The Court upheld the Tribunal’s use of a multiplier of 18 and monthly notional income of Rs. 16,250, but found that the Tribunal had understated or omitted compensation under several heads.

Having considered the additional documents, it increased medical expenses by Rs. 64,453, awarded compensation for loss of amenities, and revised attendant, conveyance, food and nourishment expenses based on the claimant’s hospital stays.

It assessed six months’ loss of income during the laid-up period and calculated future income loss at Rs. 5,61,600 using 16% whole-body disability.

It did not increase future medical expenses, noting the further treatment reflected in the additional documents.

It determined total compensation at Rs. 15,52,087, enhancing the Tribunal’s award by Rs. 6,04,903, with interest at 6% per annum from the date of the petition until realization.

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