Karnataka HC Raises Woman Coolie’s Compensation To Rs 1.68 Lakh After Car Rollover Fractured Three Ribs

On 31 August 2020, the appellant was injured when the Tavera car in which she was travelling overturned; her injuries included fractures of the fourth, fifth and sixth ribs.

She claimed compensation, alleging that she worked as a coolie and earned ₹25,000 per month.

The Tribunal assessed her disability at 4% to the whole body and awarded ₹1,16,940, including ₹85,800 for loss of earning capacity, with interest at 6% per annum.

The claimant appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement.

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

In assessing compensation for loss of future income, the Court used the claimant’s assessed monthly income, multiplied by 12, the applicable multiplier, and the percentage of whole-body disability; it selected a multiplier of 13 and applied 5% disability.

Where income is unproved, the Court stated that it may be assessed by reference to the Karnataka State Legal Services Authority guidelines, and accepted the Tribunal’s assessment of ₹13,750 per month.

The Court considered the medical evidence, including the rib fractures and the doctor’s assessment of 15% disability to a particular limb. It found the Tribunal’s 4% whole-body assessment low and reassessed disability at 5%.

Applying the accepted monthly income of ₹13,750, multiplier of 13 and 5% disability, it calculated loss of future income at ₹1,07,250.

The Court also increased pain-and-suffering compensation from ₹20,000 to ₹25,000 and awarded ₹25,000 for three months of lost income during recovery; it left the medical-expense and loss-of-amenities awards undisturbed.

Respondents 2 and 3 were held jointly and severally liable, and the insurer was directed to deposit the enhanced compensation with accrued interest before the Tribunal within six weeks of receiving the certified copy of the judgment.