Karnataka HC Cuts Injured Rider’s Rs.2.74 Lakh Award To Rs.2.5 Lakh Under Amended MV Act’s Grievous-Hurt Provision

The claimant was injured when the motorcycle he was riding collided with a scooter on 6 August 2016.

He sought compensation under Section 163A of the Motor Vehicles Act, 1988.

The Tribunal awarded ₹2,73,706, with interest at 6% per annum, and held the respondents jointly and severally liable.

The insurer appealed, challenging, among other matters, the heads and amount of compensation.

The High Court recorded that the claim was under Section 163A and considered the amended compensation provision for grievous hurt.

The Court treated Section 163A of the Motor Vehicles Act, 1988 as providing for compensation on a structured-formula basis.

It relied on Ram Murti and Others v. Punjab State Electricity Board, 2023 ACJ 631, stating that, following the 2019 amendment, Section 164 provides compensation of ₹5,00,000 for death and ₹2,50,000 for grievous hurt, and that the claimant was entitled to the benefit of the amended provision.

The Court noted that the claimant had sustained grievous injuries and applied the amended provision as described in Ram Murti.

It therefore concluded that he was entitled to ₹2,50,000 with interest, rather than the ₹2,73,706 awarded by the Tribunal.

The judgment does not provide further analysis of how the amended provision applied to a claim originally filed under Section 163A.

The Tribunal’s judgment and award were set aside, and the claimant was held entitled to ₹2,50,000, with interest at 6% per annum from the date of the petition until payment.

The insurer was directed to deposit the compensation and accrued interest before the Tribunal within six weeks of receiving the certified copy of the judgment.