Karnataka HC Adds Travel Allowance, Bonus To Infosys Engineer’s Income, Raises Bus-Accident Compensation To ₹29.83 Lakh

The claimant sustained injuries in a road accident on 23 April 2018 while travelling as a passenger on a bus.

The Additional District Judge and Additional MACT, Udupi, awarded him total compensation of ₹26,52,332, including compensation for permanent disability, treatment-period income loss, medical expenses, pain and suffering, loss of amenities, and future medical expenses.

He 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.

In assessing compensation for accident-related injury, the Court considered the claimant’s age and applicable multiplier, disability, income, future prospects, treatment-related loss, and the distinct heads of pain and suffering, loss of amenities, medical expenses, and future medical expenses.

The Court upheld the Tribunal’s multiplier of 17 and its assessment of whole-body disability at 22%, considering the claimant’s age and the facial fractures.

It found that the claimant’s salary certificate supported including travelling allowance and bonus, increasing monthly income to ₹38,143; it applied future prospects of 40%, rather than the 50% used by the Tribunal, to reassess loss of future income due to disability.

It also enhanced pain-and-suffering and loss-of-amenities awards, and allowed one month’s income loss during the laid-up period, while leaving medical and future medical expenses unchanged.

The insurer was directed to deposit the enhanced amount with interest before the Tribunal within six weeks, and the claimant was entitled to release of the entire enhanced compensation.