Karnataka HC Adds Rs. 47,899 To Compensation For Woman Injured In School-Bus Accident

The claimant sought compensation for injuries sustained in a road accident on 13 June 2024, allegedly caused by the rash and negligent driving of a school bus.

The Motor Accident Claims Tribunal awarded her ₹3,39,272, including compensation for pain and suffering, loss of amenities, laid-up-period income, medical expenses, attendant and related charges, and future loss of income.

The Tribunal applied a monthly income of ₹16,500 and assessed whole-body disability at 7.11%.

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

The appeal was brought under Section 173(1) of the Motor Vehicles Act, 1988, which provides for an appeal against an award of a Claims Tribunal.

In assessing compensation, the Court applied a monthly notional income of ₹17,000 for an accident occurring in 2024, used a multiplier of 15 for the claimant’s age of 40, and assessed whole-body disability at 7.11% by taking one-third of the stated 21.33% lower-limb disability.

No judicial precedents were cited.

The Court found that the Tribunal had correctly applied the multiplier of 15 and assessed disability at 7.11%, but substituted the 2024 notional monthly income of ₹17,000 for the Tribunal’s figure of ₹16,500.

Given the claimant’s patella fracture, it increased compensation for pain and suffering from ₹30,000 to ₹50,000 and for loss of amenities from ₹20,000 to ₹40,000.

It recalculated three months’ laid-up-period income as ₹51,000, while leaving medical expenses and attendant, diet and conveyance charges unchanged.

Applying the revised income and the accepted multiplier and disability assessment, it calculated future loss of income at ₹2,17,566 and total compensation at ₹3,87,171.

It held the insurer liable to deposit the enhanced amount with interest before the Tribunal within six weeks, and directed release of the entire enhanced compensation to the claimant.