Karnataka HC Raises Injured Scooter Rider’s Compensation To ₹2,58,593, Including ₹37,500 For Three Months’ Lost Income

Neelamma T. was injured when a car driven by Farooq Ahmed Khan struck her scooter from behind on 8 July 2018.

She sustained a fracture of the left clavicle and fractures of the seventh and eighth ribs, and claimed compensation before the MACT.

The Tribunal awarded Rs.1,81,093 with interest at 6% per annum.

Khan appealed, seeking to set aside the award; Neelamma filed a cross-objection seeking enhancement.

The High Court dismissed Khan’s appeal for non-prosecution and considered Neelamma’s cross-objection.

Whether the claimant was entitled to compensation for loss of future income on account of the injuries sustained.

Whether the compensation awarded by the Tribunal required enhancement for laid-up-period income and other conventional heads.

The appeal was brought under Section 173(1) of the Motor Vehicles Act, 1988, and the cross-objection under Order XLI Rule 22 of the Code of Civil Procedure read with Section 173(1) of the Act.

The Court applied the compensation-assessment principles evident in its reasoning: loss of future income requires a basis to find that the injuries caused permanent disability affecting earning capacity, while income lost during a period of incapacity may be assessed using the applicable notional income.

The judgment cites no statutory provision or precedent setting out these principles.

The Court agreed with the Tribunal that the clavicle and rib fractures did not establish permanent disability warranting compensation for loss of future income.

However, because the claimant had taken three months’ bed rest, it assessed her loss of income for that period at the 2018 notional income of Rs.12,500 per month, totalling Rs.37,500.

It also increased compensation for special diet and conveyance from Rs.10,000 to Rs.20,000 and awarded Rs.30,000 for loss of amenities, while leaving the amounts for pain and suffering and medical expenses unchanged.

It enhanced the total compensation from Rs.1,81,093 to Rs.2,58,593, granting an additional Rs.77,500 with interest at 6% per annum from the petition date, except that the enhanced amount would not carry interest for the 1,070-day delay in filing the cross-objection.

The respondent was directed to deposit the enhanced amount within six weeks, and the Tribunal was directed to release the entire amount to the claimant.