Karnataka HC Raises Accident Compensation To Rs 6.75 Lakh For Man With Pelvic And Hip Fractures

The claimant sustained pelvic and hip fractures in a road accident on 5 June 2023 involving a Bolero pickup goods vehicle.

The MACT partly allowed his claim and awarded ₹4,31,995, including ₹2,88,000 for loss of future earning, applying 10% whole-body disability and a monthly notional income of ₹16,000.

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

The High Court considered his age, injuries, period of hospitalisation, and the evidence of the doctor who assessed his disability.

1. Whether the claimant was entitled to enhancement of compensation for pain and suffering, loss of amenities, and loss of income during the laid-up period.

2. Whether the Tribunal’s assessment of notional income and whole-body disability, and its resulting award for loss of future income, required revision.

Section 173(1) of the Motor Vehicles Act, 1988, provides for an appeal to the High Court from a MACT award.

In assessing compensation for personal injuries, the court may determine damages under relevant heads, including pain and suffering, loss of amenities, medical expenses, loss of income during treatment, and loss of future earning capacity.

Future loss of income is assessed by applying the multiplier method to the claimant’s annual income and functional disability.

The Court used the Karnataka State Legal Services Authority’s notional income of ₹16,250 per month for 2023.

No precedent was cited in the judgment.

The Court found the Tribunal’s multiplier of 15 appropriate for the claimant’s age, but considered the 10% whole-body disability assessment too low in light of the doctor’s evidence of 20.47% whole-body disability and the nature of the fractures; it fixed functional disability at 15%.

Applying the 2023 notional income of ₹16,250, it calculated future income loss as ₹16,250 × 12 × 15 × 15% = ₹4,38,750.

It also enhanced pain and suffering to ₹80,000, loss of amenities to ₹60,000, and laid-up-period income to ₹32,500 for two months, while affirming the Tribunal’s other specified amounts.

The Court enhanced total compensation to ₹6,75,245, granting an additional ₹2,43,250 with interest at 6% per annum from the date of the petition until realization.

The insurer was directed to deposit the enhanced amount with interest before the Tribunal within six weeks; the enhanced compensation was ordered to be placed in a fixed deposit in the claimant’s name for three years.