Motor-accident compensation must reflect prescribed notional income, assessed disability, recovery-period loss, and future medical expenses.

The claimant sought compensation for injuries sustained in a road-traffic accident on 21 April 2023, allegedly caused by the rash and negligent driving of a motorcycle.

The Motor Accident Claims Tribunal awarded Rs. 3,90,129, including compensation for pain and suffering, medical expenses, disability-related future income loss, and other heads.

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

The High Court considered the appeal with the consent of counsel for the claimant and the insurer

1. Whether the compensation awarded by the Tribunal required enhancement in light of the claimant’s injuries, disability, age, and income

2. Whether the claimant was entitled to interest on the enhanced compensation for the period of delay in filing the appeal

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

In assessing compensation, the Court applied the claimant’s age-based multiplier, accepted the Karnataka State Legal Services Authority’s notional income of Rs. 16,250 per month for 2023, and assessed loss of future income using the claimant’s whole-body disability percentage.

It also considered the evidence of injuries, hospitalisation, and the doctor’s evidence regarding future surgery when assessing compensation under the relevant heads

The Court upheld the Tribunal’s use of multiplier 15 and its assessment of whole-body disability at 11%, but substituted the applicable 2023 notional income of Rs. 16,250 for the Tribunal’s figure of Rs. 15,250.

Applying that income, multiplier 15, and 11% disability, it recalculated future income loss at Rs. 3,21,750.

Considering the fractures and other injuries, it increased compensation for pain and suffering and loss of amenities; it also awarded three months’ loss of income during recovery and Rs. 30,000 for future medical expenses based on the doctor’s evidence that implant-removal surgery would be required.

It left medical expenses and attendant, conveyance, food, and nourishment expenses unchanged

The Court separately applied its order on the delay application to exclude interest for the 335-day delay in filing the appeal

The Court enhanced total compensation to Rs. 6,06,137, resulting in an additional award of Rs. 2,16,008, with interest at 6% per annum from the date of the claim petition until realization, except for the 335-day appeal-delay period.

The insurer was directed to deposit the enhanced compensation and applicable interest before the Tribunal within six weeks, and the claimant was entitled to release of the entire enhanced amount