Motorcycle crash victim who lost right arm and leg awarded ₹58.98 lakh in compensation after Karnataka High Court finds 100% disability

The claimant, aged 30, was riding a motorcycle when it collided with a lorry on 13 May 2017. He sustained severe injuries, including amputation of his right arm and right leg and injury to his left hand.

The Tribunal awarded him Rs.34,92,619, assessing disability at 90% and monthly income at Rs.10,000

The insurer appealed, disputing contributory negligence and the quantum of compensation; the claimant cross-appealed seeking enhancement

The judgment refers to the underlying MVC as No. 3975/2017 in the appeal description and No. 3925/2017 in parts of its body and operative order.

Whether the claimant was contributorily negligent in causing the accident

Whether the compensation awarded by the Tribunal required reduction or enhancement, including reassessment of disability, income, and interest

The appeals were brought under Section 173(1) of the Motor Vehicles Act, 1988, which provides for an appeal to the High Court from a motor accident claims award

The Court assessed compensation by reference to the evidence concerning the claimant’s injuries, functional disability, income, and future needs.

It treated the insurer’s allegation of contributory negligence as requiring evidentiary support and considered the spot mahazar and the absence of contrary evidence

The Court rejected contributory negligence because the spot mahazar recorded a road width of 12 feet and the accident location, while the insurer produced no eyewitness or driver evidence to support its allegation; the police charge sheet against the lorry driver remained unchallenged

Given the amputations and the doctor’s evidence of total disability and loss of earning capacity, the Court assessed the claimant’s disability at 100%. It used monthly income of Rs.11,000, added 40% for future prospects, and applied a multiplier of 17, producing future-income compensation of Rs.31,41,600.

It also revised other heads of compensation, while reducing future medical expenses from Rs.5,00,000 to Rs.2,50,000

In view of the enhanced award and overall circumstances, it reduced the interest rate from 8% to 6% per annum

The award was modified to grant total compensation of Rs.58,98,219, with interest at 6% per annum from the petition date, subject to exclusion of the 199-day delay period.

Disbursement and deposit were to follow the Tribunal’s directions, and the statutory deposit with accrued interest was ordered transmitted to the Tribunal