Karnataka HC Raises Compensation for Two Motorcycle-Crash Victims to ₹2.04 Lakh and ₹5.22 Lakh

On 1 December 2018, the appellants were travelling by motorcycle near the 100 Feet Main Road in Mandya when another motorcycle struck theirs, causing injuries.

They filed separate compensation petitions. The Tribunal partly allowed the claims in MVC Nos. 1156 and 1157 of 2019; both claimants appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement.

Raghu Prasad had a fracture of the right tibia shaft and other injuries; the Tribunal assessed his monthly income at Rs.12,000 and disability at 10%.

Akshatha B.S.’s notional monthly income was assessed at Rs.10,000 and disability at 8%, although the doctor assessed 39.92% disability of the right upper limb, stated to correspond to 13.31% of the whole body.

The appeals were brought under Section 173(1) of the Motor Vehicles Act, 1988, which provides for an appeal to the High Court from an award of a Claims Tribunal.

In assessing the claimed enhancement, the Court reassessed the claimants’ income, disability, and compensation under the heads identified in its award, using the accident year and the medical evidence as relevant considerations.

For Raghu Prasad, the Court considered the Tribunal’s monthly income assessment of Rs.12,000 inadequate for an accident in 2018 and raised it to Rs.12,500. It enhanced compensation for loss of income during the three-month laid-up period to Rs.37,500 and for loss of future amenities to Rs.1,00,000, while leaving the amounts for pain and suffering and incidental charges unchanged; the resulting award was Rs.2,04,500.

For Akshatha B.S., the Court likewise raised the monthly income from Rs.10,000 to Rs.12,500 and, considering the doctor’s evidence of upper-limb disability, assessed whole-body disability at 14% rather than the Tribunal’s 8%. It recalculated loss of future income at Rs.3,78,000 and enhanced the other specified heads, resulting in compensation of Rs.5,22,500.

The Insurance Company was directed to deposit the amounts within six weeks of receiving the certified judgment, and the Tribunal was directed to release the entire compensation to the claimants.