Karnataka HC Raises Motorcycle-Hit Pedestrian’s Compensation To Rs 3.95 Lakh, Including 3 Months’ Lost Earnings

The appellant-claimant was injured when a motorcycle struck him while he was walking beside National Highway No. 66 on 21 February 2023.

The Senior Civil Judge and Additional MACT, Kundapura, assessed his monthly income at ₹14,000, disability at 6% to the whole body, and awarded ₹3,07,000 with interest at 6% per annum.

He appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement, principally on the grounds that the income assessment and conventional heads of compensation were inadequate

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 Karnataka State Legal Services Authority’s notional-income figure for 2023, identified as ₹16,250 per month, and calculated loss of future income using the claimant’s 6% whole-body disability and multiplier of 7.

The Court also reassessed compensation for pain and suffering, loss of amenities, laid-off-period earnings, and nourishment by reference to the claimant’s injuries, six-day hospitalisation, and need for at least three months’ bed rest.

No precedent is cited in the judgment.

The Court found that the Tribunal’s monthly-income assessment of ₹14,000 was below the KSLSA figure applicable to the year of the accident, and substituted ₹16,250 when recalculating loss of future income: ₹16,250 × 12 × 6% × 7 = ₹81,900.

It further considered that the claimant’s locomotor injuries caused pain and restricted movement and required a period of bed rest. On that basis, it increased compensation for pain and suffering, loss of amenities, loss of earnings during the laid-off period, and extra nourishment, while leaving medical expenses, food/conveyance/attendant charges during treatment, and future medical expenses unchanged.

The Court modified the award and increased the total compensation from ₹3,07,000 to ₹3,95,650, including an enhancement of ₹88,650, rounded to ₹89,000, with interest at 6% per annum from the date of the petition until realization.

The insurer was directed to deposit the enhanced compensation within six weeks of receiving the certified copy; upon deposit, the amount was to be released to the claimant.