Karnataka HC Raises Injured Bus Passenger’s Compensation By Rs 70,400 To Rs 3,00,920

On 14 August 2016, the appellant was injured when a KSRTC bus in which he was travelling overturned.

He sought compensation before the Motor Accident Claims Tribunal, which awarded him ₹2,30,520.

The claimant appealed under Section 173(1) of the Motor Vehicles Act, seeking enhancement, including on the grounds that the Tribunal had understated his notional income, used the wrong multiplier, and awarded insufficient amounts under several heads.

The appeal was brought under Section 173(1) of the Motor Vehicles Act.

The Court assessed compensation by applying the claimant’s notional monthly income, age-based multiplier, and disability percentage to calculate loss of earning due to disability; it also separately assessed compensation under the relevant heads of injury-related damages.

The Court held that the Tribunal’s notional monthly income of ₹9,000 was low and increased it to ₹9,500.

Given the claimant’s age of 30 at the time of the accident, it applied a multiplier of 17 and calculated disability-related loss of earning at ₹1,74,420 using a 9% disability figure.

It also increased compensation for pain and suffering, conveyance and related expenses, and loss of amenities, and revised the laid-up-period income award to ₹28,500.

The Court enhanced the total award from ₹2,30,520 to ₹3,00,920, granting an additional ₹70,400 with interest at 6% per annum from the date of the petition until realization.

The respondents were directed to deposit the enhanced amount within six weeks of receiving the certified copy of the judgment.