Karnataka HC Raises Compensation For Software Engineer Injured In BMTC Bus Accident To ₹10 Lakh, Including ₹2.25 Lakh For Lost Income

The claimant sustained injuries in a road traffic accident on 27 March 2017 involving a BMTC bus. The Tribunal awarded her global compensation of ₹7,00,000. She appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement, including compensation for pain and suffering, loss of amenities, loss of income during the laid-up period, and incidental expenses.

The High Court noted her head and facial injuries, 50 days of hospitalisation, and salary of ₹75,000 per month as shown in her salary certificate.

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.

The judgment cites no further statutory provision or precedent. It assessed compensation by reference to the injuries and hospitalisation established in the record, the claimant’s documented monthly salary, and the medical bills, and considered whether separate amounts were warranted for the claimed heads.

The Court held that the claimant’s traumatic brain injury and multiple facial fractures warranted ₹1,00,000 for pain and suffering; it awarded ₹50,000 for loss of amenities.

Given the 50 days of hospitalisation and documented salary of ₹75,000 per month, it assessed loss of income for three months at ₹2,25,000.

It also awarded ₹25,000 for incidental expenses, while leaving undisturbed the Tribunal’s ₹6,00,000 award for medical expenses as just and proper.

These amounts produced total compensation of ₹10,00,000, an increase of ₹3,00,000.

The respondent Corporation was directed to pay the enhanced amount of ₹3,00,000 with interest at 6% per annum within three months of receiving a copy of the order; the enhanced amount was to be released to the claimant.