Karnataka HC Raises Compensation To ₹26.31 Lakh For Child Who Lost Left Hand In Lorry Crash

The claimant, a minor, was injured in a road accident on 17 April 2021 when a Tata Tipper lorry struck him while he was standing by the road after getting down from a mini truck.

He sustained severe injuries to his left hand, which was amputated; he was 10 years old at the time of the accident.

The Tribunal awarded him Rs. 18,35,000.

Dissatisfied with the award, the claimant appealed under Section 173(1) of the Motor Vehicles Act, seeking enhancement, including compensation for loss of future earning capacity.

Section 173(1) of the Motor Vehicles Act, 1988 provides for an appeal against an award of the Claims Tribunal.

Relying on National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680, the Court applied a multiplier of 15.

Relying on Hitesh Nagjibhai Patel v. Bababhai Nagjibhai Rabari & Anr., 2025 INSC 1070, it assessed the minor claimant’s income by reference to the income of a skilled labourer and added future prospects.

The Court also treated 60% as the appropriate disability figure for the left upper limb, referring to the Employees’ Compensation Act benchmark for amputation below the tip of the olecranon.

The Court accepted the doctor’s evidence that the claimant had 70% disability of the left upper limb but upheld the Tribunal’s assessment of 60%, applying the stated amputation benchmark.

Given the claimant’s age and permanent amputation, it assessed his income using the applicable skilled-worker minimum wage, added 40% future prospects, and applied the multiplier of 15 and 60% disability to calculate loss of future earning capacity at Rs. 20,91,897.

It otherwise revised or retained the non-pecuniary awards, reducing amounts for pain and suffering, parents’ agony, marriage prospects and attendant charges, and disallowing a separate award for shock and deprivation already covered by loss of future amenities.

It modified the award to grant total compensation of Rs. 26,31,897, compared with the Tribunal’s Rs. 18,35,000, with interest at 6% per annum from the petition date until realization, excluding the delayed period of 221 days.

The insurer was directed to deposit the compensation with accrued interest within eight weeks; disbursement and deposit were left to the Tribunal’s order.