Karnataka HC Raises Injured Electrician’s Motor Accident Compensation to ₹13.71 Lakh, Retaining 20% Disability Assessment

The claimant was injured when a car collided with the motorcycle he was riding on Uttarahalli Road, Bengaluru.

He sought compensation under the Motor Vehicles Act.

The Motor Accident Claims Tribunal awarded him ₹10,90,552, including ₹5,04,000 for loss of future earning capacity.

The claimant appealed under Section 173(1) of the Act, seeking enhancement, including on the grounds of disability, pain and suffering, and medical expenses

The judgment records the accident date as 21 November 2019 in its factual summary, but as 21 September 2019 in its discussion of the evidence

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

The Court applied compensation-assessment principles by determining loss of future income using the claimant’s income, future prospects, functional disability, and age-based multiplier.

It used a notional monthly income of ₹14,000 for 2019, added 40% for future prospects, applied 20% functional disability and a multiplier of 15.

The judgment cites no specific precedent.

The Court declined to adopt the claimant’s asserted 34% whole-body disability and retained the Tribunal’s 20% assessment, having considered the record and the claimant’s physical appearance.

Applying the 2019 notional income of ₹14,000, 40% future prospects, 20% functional disability, and multiplier 15, it recalculated loss of future earning capacity at ₹7,05,600.

It also increased compensation for pain and suffering, nourishment and attendant expenses, loss of earnings during treatment, and loss of amenities, while leaving medical expenses, conveyance, and future medical expenses unchanged.

The Court enhanced the total award from ₹10,90,552 to ₹13,71,152, granting an additional ₹2,80,600 with interest at 6% per annum from the date of the petition until realization.

Respondent No. 2 was directed to deposit the compensation within eight weeks, and the Tribunal was directed to release the amount in accordance with its original order.