Man Struck While Standing With His Motorcycle Gets ₹50,000 More Compensation for Pain and Lost Amenities: Karnataka HC

On 6 November 2021, the claimant was standing beside a road with his motorcycle when another motorcycle collided with him.

He sustained a lacerated eyebrow injury and a comminuted fracture of both bones of his right leg; he was hospitalised for eight days

The Tribunal awarded total compensation of ₹5,58,987, including compensation for permanent disability, pain and suffering, loss of income during treatment, medical expenses, amenities, and future medical expenses

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

Section 173(1) of the Motor Vehicles Act, 1988 provides for an appeal against an award of a Motor Accidents Claims Tribunal

The Court assessed whether the compensation awarded was adequate in light of the claimant’s injuries, disability, treatment, and the relevant compensation heads.

No judicial precedents were cited in the judgment.

The Court noted that the claimant had a 32% disability to his right lower limb and that the Tribunal had assessed 11% whole-body disability.

Although the Tribunal had added 40% future prospects when calculating income, the resulting income figure and compensation for loss of future earning capacity did not warrant interference

The Court also found the awards for loss of income during treatment, medical expenses, and future medical expenses adequate, but considered the amounts for pain and suffering and loss of future amenities too low

It therefore awarded an additional global sum of ₹50,000.

The Tribunal’s award was modified to grant the claimant an additional global compensation of ₹50,000, with interest at 6% per annum from the date of the petition until realisation.

The insurer was directed to deposit the amount with accrued interest within eight weeks of receiving the certified judgment; disbursement and deposit were to follow the Tribunal’s award