Karnataka HC Raises Police Constable’s Compensation To ₹9 Lakh After Above-Knee Amputation, Though He Kept His Job

On 30 November 2012, the appellant was injured when a bus struck the motorcycle he was riding. He sustained an above-knee amputation of his right leg.

The Motor Accident Claims Tribunal partly allowed his claim under Section 166 of the Motor Vehicles Act, 1988, awarding ₹4,10,776 with interest at 6% per annum. The claimant appealed, seeking enhancement, including on the basis that he was a Police Constable earning ₹13,200 per month. The insurer opposed the appeal, including the award for future loss of income.

The claim was brought under Section 166 of the Motor Vehicles Act, 1988, and the appeal under Section 173(1) of that Act.

The Court applied the principles that income may be assessed on the evidence and circumstances on record, and that where an injured claimant continues in employment despite permanent physical disability, compensation for future loss of income is not warranted on that basis; the disability may instead justify compensation for loss of amenities.

The appellant relied on Vinutha G.R. v. Dalbeer Singh and Anr., 2026:KHC:41811-DB, concerning future prospects, but the Court did not adopt that submission as the basis for its decision.

The Court found that the claimant’s employment as a Police Constable was consistently stated in the claim petition and testimony, was referred to in the prosecution papers, and was not challenged in cross-examination. It therefore accepted his monthly income as ₹13,200 rather than the Tribunal’s assessment of ₹7,000.

However, because he continued in employment, the Court set aside the award for future loss of income and, in light of the above-knee amputation, awarded ₹3,00,000 for loss of amenities and increased pain-and-suffering compensation to ₹3,00,000.

It upheld the medical, incidental, and conveyance expenses, but assessed four months’ loss of income during recovery at ₹52,800.

The enhanced compensation was directed to be deposited before the Tribunal within six weeks, and the entire compensation with interest was ordered released to the claimant.