Karnataka HC Cuts Two Motorcycle Crash Victims’ Compensation To ₹7.92L And ₹5.23L, Keeps Car Insurer Liable

Two claimants, respectively the rider and pillion rider of a motorcycle, were injured when it collided with a car that had stopped ahead of it on 3 September 2023.

They alleged that the car stopped suddenly without warning.

The insurer appealed the Tribunal’s awards in both claim petitions, disputing negligence and quantum; each claimant also appealed seeking enhancement.

The Tribunal had awarded ₹9,00,413 in MVC No. 6238/2023 and ₹6,94,727 in MVC No. 6237/2023, with interest at 6% per annum.

The appeals were brought under Section 173(1) of the Motor Vehicles Act.

In reassessing compensation, the Court applied the principles reflected in its calculations: future loss of income is assessed by applying the appropriate multiplier to annual income and the percentage of whole-body disability; where disability is stated for a limb, the Court may determine the corresponding whole-body disability on the evidence; and compensation for laid-up-period loss, medical expenses, future treatment, and attendant and conveyance expenses must be supported by the circumstances and evidence.

The judgment cited no specific precedent or substantive statutory provision governing these calculations.

On negligence, the charge sheet named the car’s driver for rash and negligent driving, and the insurer elicited no evidence about the distance between the car and motorcycle to support contributory negligence; the Court therefore upheld the finding against the car’s driver.

For the rider in MVC No. 6238/2023, the Court used a monthly notional income of ₹16,250, multiplier 18 and whole-body disability of 13.33%, and removed future medical expenses because the doctor had not identified a need for further treatment. It also reduced attendant and conveyance expenses to reflect four days’ hospitalisation.

For the pillion rider in MVC No. 6237/2023, it used the same monthly income and multiplier, accepted 10% whole-body disability, removed unsupported future medical expenses, and adjusted pain and suffering, amenities, and attendant and conveyance expenses in light of the injuries and three days’ hospitalisation.

It partly allowed all four appeals and modified the award in MVC No. 6238/2023 to ₹7,92,071 and the award in MVC No. 6237/2023 to ₹5,23,587, each with interest at 6% per annum from the petition date until realization.

The insurer was directed to deposit both amounts with interest within six weeks; 50% of each award was to be released to the claimant and the balance placed in a three-year fixed deposit.