Karnataka HC Raises Injured Lorry Driver’s Compensation To ₹1.51 Lakh, Citing Two Grievous Injuries And Seven-Day Hospital Stay

The claimant, a lorry driver, sustained injuries in a motor-vehicle accident on 3 May 2012 and sought compensation of ₹5,00,000.

The Motor Accident Claims Tribunal partly allowed the claim, awarding ₹88,000 with interest at 6% per annum.

The claimant appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement, contending that his income and compensation under other heads had been assessed too low

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

In assessing compensation where the claimant has not proved income, the Court used the Karnataka State Legal Services Authority’s notional-income chart as a reference for the accident year.

Compensation was assessed under the heads of pain and suffering, medical expenses, transportation, nourishment and attendant charges, loss of amenities, and loss of income during the laid-up period.

The claimant’s asserted monthly income of ₹10,000 was unsupported by documentary proof. Given the accident occurred in 2012, the Court adopted the KSLSA chart figure of ₹7,000 per month.

Considering the recorded injuries, including two grievous injuries, and the period of hospitalisation, the Court increased compensation for pain and suffering, amenities, and transportation, nourishment and attendant charges.

It also awarded three months’ lost income at ₹7,000 per month, while confirming the Tribunal’s ₹30,000 award for medical expenses.

These reassessments produced total compensation of ₹1,51,000.

The claimant was awarded ₹1,51,000, instead of ₹88,000, with interest at 6% per annum from the date of the petition until realisation.

As the insurer had already deposited the Tribunal’s award, it was directed to deposit the enhanced amount of ₹63,000, with interest at 6%, within one month.

The claimant was permitted to withdraw the entire amount with accrued interest.