Motor-accident disability compensation must reflect the applicable KLSA-notified notional income.

The claimant appealed under Section 173(1) of the Motor Vehicles Act, 1988, seeking enhancement of compensation awarded by the Motor Accident Claims Tribunal, Bengaluru, for injuries sustained in a road accident involving a KSRTC bus

The Tribunal awarded total compensation of ₹10,47,400, including amounts for pain and suffering, medical expenses, loss of income during the laid-up period, disability, attendant charges, food and conveyance, and loss of amenities

The High Court recorded the accident date as 27 February 2025 in its account of the claim, but as 27 February 2023 in its subsequent discussion

1. Whether the Tribunal’s assessment of compensation required enhancement, including by revising the monthly income used to calculate loss of income and future disability loss.

2. Whether the amounts awarded under the heads of pain and suffering, loss of amenities, and attendant, conveyance, food and nourishment required modification.

The appeal was brought under Section 173(1) of the Motor Vehicles Act, 1988, which provides for an appeal to the High Court from an award of a Claims Tribunal.

In assessing compensation, the Court applied the Karnataka State Legal Services Authority’s notional monthly income of ₹18,000 for 2025, used a multiplier of 18 having regard to the claimant’s age, and calculated future income loss using the Tribunal’s undisputed 10% disability assessment.

The judgment cites no precedent.

The Court substituted the notional income of ₹18,000 for the Tribunal’s figure of ₹17,000. Applying the multiplier of 18 and the undisputed 10% disability, it assessed future income loss at ₹3,88,800; it also increased laid-up-period income loss to ₹72,000 for four months.

Having regard to the claimant’s head injury, mandibular fractures and surgery, it enhanced pain-and-suffering compensation to ₹90,000 and loss-of-amenities compensation to ₹70,000.

It retained medical expenses of ₹4,91,200 and attendant, conveyance, food and nourishment charges of ₹11,000, but disallowed the separate ₹30,000 food-and-nourishment award to avoid a separate award under that head.

The resulting total was ₹11,23,000.

The Court enhanced the Tribunal’s award by ₹75,600, bringing total compensation to ₹11,23,000, with interest at 6% per annum from the date of the petition until realization.

The respondent was directed to deposit the enhanced amount with interest within six weeks, and the claimant was permitted to withdraw the entire enhanced compensation.