Karnataka HC Raises Injured Autorickshaw Driver’s Compensation To ₹47.11 Lakh, Calculating Future Income Loss On 100% Disability

Imran was injured in a road accident on 17 October 2023 while driving an autorickshaw, which collided with a KSRTC bus.

The Tribunal found the bus driver negligent and awarded Imran ₹31,58,185 with 6% annual interest.

Imran appealed seeking enhancement; KSRTC appealed against the finding of liability.

KSRTC argued, among other things, that Imran lacked the required autorickshaw licence and had violated the permit.

Imran relied on the charge sheet and accident sketch, and sought higher compensation based on his age, occupation and disability

Under Section 173(1) of the Motor Vehicles Act, an appeal lies against a motor accident claims award

In assessing compensation for permanent disability, the Court applied the multiplier method and added 40% future prospects to the claimant’s assessed income; it used multiplier 15 for the claimant’s age of 36

The Court also held that the claimant’s permit violation did not affect KSRTC’s liability to compensate him as a third party

The Court referred to Smt. Madevi Manjunath Moger v. Sri Manjunath Bheema Gonda, MFA No. 2606/2026, in support of the claimant’s request for higher income

The accident sketch showed that the bus crossed onto the side of the road on which the autorickshaw was travelling, while the charge sheet was filed against the bus driver.

The Court therefore upheld the finding that the bus driver’s negligence caused the accident.

It rejected KSRTC’s permit argument because the violation did not affect its liability to the injured third party.

For compensation, the Court assessed monthly income at ₹18,000, applied multiplier 15 and added 40% future prospects, resulting in ₹45,36,000 for loss of future income due to disability.

It otherwise retained the awards for pain and suffering, loss of amenities and medical expenses, reduced attendant, conveyance, food and nourishment expenses to ₹13,000, and disallowed the separate award for loss of income during the laid-up period because disability was assessed at 100%.

It increased total compensation to ₹47,11,185, granting an enhancement of ₹15,53,000, with 6% annual interest from the date of the petition until realization.

KSRTC was directed to deposit the enhanced amount with interest within six weeks; 50% of the enhancement was to be released to Imran and the balance placed in a fixed deposit for three years