Karnataka HC Raises 62-Year-Old Accident Victim’s Compensation By ₹1.12 Lakh After Ankle Fracture, Brain Bleed

In brief

The question

1. Whether the compensation awarded by the Tribunal required enhancement in light of the claimant’s age, income, injuries and disability

The court held

The appeal was allowed in part.

It also directed

The Court enhanced the total compensation from ₹10,87,900 to ₹12,00,400, entitling the claimant to an additional ₹1,12,500, with interest at 6% per annum from the date of the petition until realisation.

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

01Facts

The claimant appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement of compensation awarded by the MACT in MVC No. 9047/2024.

pp. 2–4

He had sustained injuries, including a complex right ankle fracture and a subdural hematoma, in a road traffic accident on 1 August 2024.

pp. 2–4

The Tribunal awarded ₹10,87,900, applying a monthly income of ₹16,500, a multiplier of 7 and 25% disability.

pp. 2–4

The appeal was taken up for disposal with the consent of counsel for the claimant and the insurer.

pp. 2–4

02Issues

i.1. Whether the compensation awarded by the Tribunal required enhancement in light of the claimant’s age, income, injuries and disability

pp. 4–6

ii.2. Whether the claimant was entitled to enhanced compensation and, if so, the amount and applicable interest

pp. 6–8

03Law Applied

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.

p. 2

In reassessing compensation, the Court applied a multiplier of 7 for a claimant aged 62, adopted a monthly notional income of ₹17,000 for an accident occurring in 2024, and assessed loss of future income using the Tribunal’s 25% disability finding.

pp. 4–6

The Court cited no precedent in its reasoning.

pp. 4–7

Provisions in the judgment · 1 · Linked ones open on LawLens

Motor Vehicles Act, 1988 Section 173

04Reasoning

The Court found that the Tribunal had correctly selected the multiplier and assessed disability at 25%, but had used a monthly income of ₹16,500 instead of ₹17,000.

pp. 4–7

It therefore recalculated four months’ loss of income as ₹68,000 and loss of future income as ₹3,57,000 (₹17,000 × 12 × 7 × 25%).

pp. 4–7

Given the injuries, it increased compensation for pain and suffering from ₹45,000 to ₹1,00,000 and for loss of amenities from ₹35,000 to ₹80,000.

pp. 4–7

It otherwise left the Tribunal’s awards for medical expenses, nourishment and conveyance, attendant charges, and future medical expenses unchanged.

pp. 4–7

05Holding

The appeal was allowed in part.

pp. 7–8

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

pp. 7–8

LawLens.Karnataka High Court

Original Court PDF