Karnataka HC Rejects Insurer’s 3-Day Complaint-Delay Challenge, Raises Injured Truck Owner-Driver’s Compensation To ₹8.47 Lakh

On 24 January 2020, the claimant was driving his truck in Goa when an oncoming truck, which was overtaking another vehicle, entered his side of the road and collided with it.

The claimant sustained injuries, including fractures, and sought compensation; the Tribunal awarded ₹7,43,600 with interest at 6% per annum.

The insurer appealed, challenging liability and the assessment of disability and compensation; the claimant cross-appealed seeking enhancement.

Under Section 173(1) of the Motor Vehicles Act, 1988, an aggrieved party may appeal a Tribunal’s award.

In assessing compensation for loss of future income, the Court applied the multiplier method in Sarla Verma v. Delhi Transport Corporation, using multiplier 16 for the claimant’s age.

It also applied the Karnataka Legal Services Authority’s income guidelines to assess notional monthly income at ₹13,750 for an accident occurring in 2020.

The Court assessed whole-body functional disability by considering the medical evidence and its effect on the claimant’s work and earning capacity.

The Court held that the later lodging of the complaint did not undermine the claim: the police had received information, registered the motor-vehicle accident, prepared the spot panchanama and sketch on the day of the accident, and later investigated and filed a charge sheet; the claimant had also sustained grievous injuries.

It upheld the 22% whole-body functional disability assessment, noting the claimant’s injuries and the doctor’s evidence, while also observing that the claimant had not produced evidence establishing his asserted profession or income.

For enhancement, the Court revised monthly income to ₹13,750 and applied multiplier 16 and 22% disability, awarding compensation for future income, pain and suffering, nourishment and conveyance, medical expenses, laid-up-period loss, and loss of amenities.

The judgment’s calculation states future-income compensation as ₹5,80,800, while its compensation table lists ₹5,80,000; the stated total of ₹8,47,420 corresponds to the table figure.

It modified the Tribunal’s award, enhancing compensation from ₹7,43,600 to ₹8,47,420, with interest at 6% per annum from the date of the petition until payment.

The insurer was directed to deposit the enhanced compensation with accrued interest within six weeks of receiving the certified copy of the judgment.