Karnataka HC Raises Compensation For Injured Autorickshaw Passenger To ₹17.54 Lakh, Assessing 50% Disability

On 6 October 2016, Shankarappa was injured while travelling as a passenger in an autorickshaw that allegedly lost control and struck a tamarind tree. He received treatment at several hospitals and claimed compensation for his injuries and resulting disability.

The Motor Accident Claims Tribunal awarded him ₹7,66,673 with interest at 6% per annum.

He appealed under Section 173(1) of the Motor Vehicles Act, seeking enhancement, including on the grounds that his income and disability-related loss had been assessed too low.

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

For the 2016 accident, the Court applied the Karnataka State Legal Services Authority’s notional-income chart and assessed monthly income at ₹9,500; it added 40% for future prospects and used a multiplier of 17 and a 50% disability assessment to calculate loss of future income.

The judgment cites no precedent or further statutory provision for these calculations.

The Court found the Tribunal’s monthly income figure of ₹7,000 inconsistent with the applicable KSLSA chart for a 2016 accident. It reassessed income at ₹9,500, added 40% future prospects, and considered the Tribunal’s 30% disability assessment too low given the claimant’s fractures and their effect on his daily life and occupation. It therefore assessed disability at 50% and recalculated future income loss at ₹13,56,600.

The Court also increased future medical expenses to ₹40,000 and awarded ₹40,000 for loss of amenities, leaving the other listed heads unchanged.

The Court enhanced the award from ₹7,66,673 to ₹17,54,873, with interest at 6% per annum from the date of the appeal until realization.

It directed the respondent to deposit the amount within six weeks of receiving the certified judgment and directed the Tribunal to release the entire amount to the claimant.