Karnataka High Court raises compensation to ₹29.47 lakh for teenager left paralysed in lorry accident

On 5 July 2017, the appellant was injured when a lorry driven by respondent No. 1 struck a parked lorry beside which the appellant was standing.

He sustained a D12 burst fracture, paralysis and sensory loss in both lower limbs, and bowel and bladder involvement.

The Tribunal accepted 80% permanent physical disability and awarded ₹6,50,739.

The appellant appealed, seeking enhancement; the High Court considered the nature and extent of his disability and the adequacy of the award.

Whether the compensation awarded by the Tribunal was inadequate and required modification.

What order should follow from the Court’s determination on adequacy.

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

For assessing loss of future income, the Court applied the multiplier method in Sarla Verma v. Delhi Transport Corporation, using multiplier 18 for the appellant, and added 40% future prospects in accordance with National Insurance Co. Ltd. v. Pranay Sethi.

It assessed the appellant’s notional monthly income at ₹10,250 under the Karnataka Legal Services Authority guidelines applicable to an accident in 2017.

The medical evidence and the doctor’s testimony established that the appellant had 80% permanent physical disability, was unable to walk or manage daily activities independently, and required continuous assistance.

Treating that disability as affecting his future earning capacity, the Court assessed monthly income at ₹10,250, added 40% for future prospects, and applied multiplier 18 and 80% disability, arriving at ₹24,79,680 for loss of future income.

It also increased compensation for pain and suffering, parental loss of earnings and conveyance during hospitalisation, and awarded amounts for medical expenses, loss of amenities and marriage prospects.

The Court modified the Tribunal’s award and enhanced the total compensation from ₹6,50,739 to ₹29,47,743.

The enhanced compensation carries interest at 6% per annum from the date of the petition until payment, excluding the 422-day delay in filing the appeal; respondent No. 3, the insurer, was directed to deposit the enhanced amount with accrued interest within six weeks of receiving the certified judgment.