Karnataka HC Raises Injured Loader’s Compensation From Rs 2.44 Lakh To Rs 3.48 Lakh, Assessing 10% Whole-Body Disability

The appellant, a loader, was injured on 1 January 2017 when a goods auto in which he was travelling was struck from behind by an Alto car and toppled into a sugarcane field.

He filed a claim petition, and the Motor Accidents Claims Tribunal, Maddur, awarded compensation of Rs. 2,43,761.

The appellant appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement; the Tribunal had assessed his whole-body disability at 8% and monthly income at Rs. 11,000.

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

In assessing compensation, the Court applied the multiplier method to the claimant’s monthly income, age-related multiplier and percentage of whole-body disability; it also considered compensation under conventional heads, including pain and suffering and loss of amenities.

The Court found the Tribunal’s 8% whole-body disability assessment inconsistent with the appellant’s injuries and occupation. Although the doctor assessed 24.6% disability to the left upper limb, the Court considered the appellant’s rib injury and his work as a coolie and assessed whole-body disability at 10%.

Applying the monthly income of Rs. 11,000 and multiplier of 15, it recalculated future income loss at Rs. 1,98,000. It also increased compensation for pain and suffering from Rs. 30,000 to Rs. 50,000 and loss of amenities from Rs. 5,000 to Rs. 50,000, while leaving the other heads unchanged.

The Insurance Company was directed to deposit the amount within six weeks of receiving the certified copy, and the Tribunal was directed to release the entire amount to the claimant.