Karnataka HC Raises Compensation For Man With Hand And Leg Fractures To Rs 2.65 Lakh, Including Rs 20,000 For Implant Removal

The claimant sought compensation under Section 166 of the Motor Vehicles Act, 1988, for injuries sustained when the motorcycle he was riding was struck by a car allegedly driven rashly and negligently.

The Tribunal found the car driver responsible and awarded ₹2,07,469 with 6% interest.

The claimant appealed, seeking enhancement, including on the grounds of his income, future loss of earning capacity, laid-up period, and future medical expenses

Under Section 166 of the Motor Vehicles Act, 1988, a claimant may recover compensation for injury and resulting loss.

In assessing future loss of earning capacity in a personal-injury claim, future prospects may be added to the monthly income; the Court relied on Erudhaya Priya v. State Express Transport Corporation Limited, 2020 SCC OnLine SC 601

The Court assessed the claimant’s notional income at ₹5,000 per month for 2009, applied 40% future prospects because he was 29 years old, and used a multiplier of 17 and a disability-related loss of earning capacity of 6%

Because the claimant had not produced evidence of his asserted monthly earnings of ₹7,500, the Court upheld the use of notional income but increased it to ₹5,000 per month for 2009.

Applying the cited rule on future prospects, it assessed future loss of income at ₹85,680.

It found no basis to increase the awards for pain and suffering, incidental expenses, medical expenses, or loss of amenities.

However, given the fractures and the four-month laid-up period, it awarded ₹20,000 for loss of income during that period and, based on the doctor’s evidence that implant-removal surgery was required, ₹20,000 for future medical expenses

It modified the Tribunal’s award and reassessed compensation at ₹2,65,549, carrying interest at 6% per annum from the date of the claim petition until deposit.

The insurer was directed to deposit the compensation before the Tribunal within six weeks, and the entire amount was ordered released to the claimant upon deposit