Karnataka HC Adds Rs 72,520 To Compensation For 57-Year-Old Injured In BMTC Bus Accident

Nagaraju sought compensation for injuries sustained in a road accident on 27 February 2025, allegedly caused by the rash and negligent driving of a BMTC bus. The MACT awarded him ₹3,73,400 with interest at 6% per annum. He appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement.

The High Court recorded that he had sustained a soft-tissue injury and fractures of the left femur and left medial malleolus; the doctor assessed 16% whole-body disability, while the Tribunal had adopted 8%.

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

In reassessing compensation, the Court applied the principles reflected in its assessment of the claimant’s notional monthly income, multiplier, functional disability, and compensation under the relevant heads, including pain and suffering, loss of amenities, laid-up-period income, and future medical expenses.

The judgment cites no precedent or further statutory provision.

The Court adopted a monthly income of ₹18,000 for 2025, rather than the Tribunal’s ₹17,000, and retained the multiplier of 9 based on the claimant’s age.

Although the doctor assessed 16% whole-body disability, the Court found 8% appropriate given the claimant’s private-company employment, injuries, and disability evidence.

It increased compensation for pain and suffering to ₹90,000, loss of amenities to ₹70,000, laid-up-period income to ₹72,000, and future medical expenses to ₹30,000; it otherwise upheld the Tribunal’s awards for attendant, conveyance, and nourishment charges and medical expenses.

Applying the revised income and disability figures, it calculated loss of future income as ₹1,55,520.

It awarded the resulting enhancement of ₹72,520 with interest at 6% per annum from the date of the petition until realization, directed BMTC to deposit the enhanced amount within six weeks, and ordered release of the entire enhancement to the claimant.