Where income is unproved, motor-accident compensation should follow Karnataka Legal Services Authority notional-income guidelines.

The appellant, who was travelling as a cleaner in a goods truck, sustained injuries when the truck met with an accident on 25 June 2017.

The Motor Accident Claims Tribunal partly allowed his claim and awarded ₹1,81,936, including compensation for permanent disability assessed at 8.33% of the whole body.

The appellant appealed, contending that the compensation was inadequate and that his disability had been under-assessed.

1. Whether the compensation awarded by the Tribunal was inadequate and required modification

2. What order should be made in the appeal

Under Section 173(1) of the Motor Vehicles Act, 1988, an aggrieved claimant may appeal against a motor accident compensation award.

In assessing loss of future income, the court applied the multiplier method in Sarla Verma v. Delhi Transport Corporation, using the multiplier appropriate to the claimant’s age.

Where income is not proved, the court may assess notional income by reference to the Karnataka State Legal Services Authority guidelines applicable to the year of the accident.

Compensation must also be assessed under appropriate heads, including pain and suffering, medical expenses, laid-up-period income, and loss of amenities.

The Court upheld the Tribunal’s assessment of whole-body disability at 8.33%, finding that the doctor had not adequately explained the higher assessment or shown that applicable guidelines had been followed.

As the claimant had produced no proof of income, the Court applied the 2017 notional-income guideline of ₹10,250 per month; applying the multiplier of 16 and disability of 8.33%, it assessed future-income loss at ₹1,63,934.

It increased compensation for pain and suffering to ₹25,000, laid-up-period income to ₹30,000, and loss of amenities to ₹20,000, while leaving the other stated heads unchanged.

The total compensation was enhanced to ₹2,59,934 from ₹1,81,936.

The enhanced amount carries interest at 6% per annum from the date of the claim petition until payment; respondents 1 and 2 are jointly and severally liable, and the insurer was directed to deposit the enhanced compensation with accrued interest within eight weeks of receiving the certified judgment.