Madras HC Raises Injured Motorcyclist’s Compensation To Rs 6.38 Lakh, Citing 24% Disability

The claimant sustained injuries in a motorcycle accident on 7 April 2019, which the Tribunal attributed to the rash and negligent driving of the offending vehicle.

The Tribunal assessed 24% disability and awarded total compensation of ₹4,49,200, including ₹1,92,000 for disability and ₹28,200 for loss of income; it also ordered pay and recover because the offending vehicle’s rider did not hold a valid driving licence.

The claimant appealed under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement, contending that the disability-related and other heads of compensation were inadequate.

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

The Court assessed compensation by considering the Medical Board’s disability assessment, the nature of the injuries, the claimant’s occupation and income, and the circumstances of the accident.

The Court accepted the Medical Board’s 24% disability assessment and, considering the claimant’s right-knee fracture and associated injuries, increased the disability rate from ₹8,000 to ₹9,000 per percentage, awarding ₹2,16,000 under that head.

It found the Tribunal’s two-month loss-of-income award inadequate and, taking account of the claimant’s work as a driver, the injuries, and the 2019 accident, awarded five months at ₹17,000 per month, or ₹1,02,000.

It also increased the awards for pain and suffering, attendant charges, transportation, loss of amenities, and extra nourishment, while retaining medical expenses at ₹1,70,000.

The insurer was directed to deposit the enhanced amount, less any amount already deposited, within six weeks, in the first instance, with liberty to recover it from the vehicle owner under the pay-and-recover direction.

Interest was fixed at 7.5% per annum from the date of the claim petition until deposit, subject to the exclusion of interest for any delay period specified in the Court’s order dated 13 October 2026; the claimant could withdraw the amount subject to payment of court fee.