Karnataka HC Raises 56-Year-Old Woman’s Compensation To ₹4.85 Lakh After KSRTC Bus Accident, Citing 10% Neurological Disability

The claimant sustained head injuries in a road traffic accident on 7 January 2024 involving a KSRTC bus.

The Motor Accident Claims Tribunal awarded ₹3,49,400, including compensation for pain and suffering, laid-up-period income, medical expenses, disability-related loss of future income, and other heads.

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

The High Court heard the appeal with the parties’ consent

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

In assessing compensation, the Court applied the Karnataka State Legal Services Authority’s notional monthly income of ₹17,000 for 2024, used the multiplier of 9 for a claimant aged 56, and assessed loss of future income by multiplying annual income by the multiplier and the percentage of whole-body disability.

The Court also considered the claimant’s injuries and period of hospitalisation when assessing non-pecuniary damages and expenses.

No precedent was cited.

The Court substituted the 2024 notional income of ₹17,000 per month for the Tribunal’s ₹16,500 and retained the multiplier of 9, appropriate to the claimant’s age of 56.

Given the neurological nature of the disability assessed by the doctor, it treated the stated 10% disability as whole-body disability and recalculated future income loss at ₹1,83,600.

It increased pain-and-suffering compensation to ₹80,000 and loss of amenities to ₹60,000, and recalculated three months’ laid-up-period income at ₹51,000; it left medical and attendant, conveyance, food and nourishment expenses unchanged.

The Court denied interest for the 254-day delay in filing the appeal in accordance with the order on the delay application.

The total compensation was enhanced from ₹3,49,400 to ₹4,85,400, resulting in an additional award of ₹1,36,000 with interest at 6% per annum from the date of the claim petition until realization, except for the 254-day appeal-delay period.

KSRTC was directed to deposit the enhanced amount with interest before the Tribunal within six weeks, and the claimant was permitted to withdraw the entire enhanced compensation.