Whole-body disability was assessed at 10% where the neuropsychological report’s author was not examined.

The claimant sustained head injuries, including a traumatic subarachnoid haemorrhage, an epidural haematoma and a skull fracture, in a road accident on 11 December 2022 involving an Innova car.

The Tribunal awarded him ₹2,47,500 with interest at 6% per annum.

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

The High Court considered his age, the applicable notional income, and the evidence concerning disability.

1. Whether the compensation awarded by the Tribunal under pain and suffering and loss of amenities required enhancement in light of the claimant’s injuries

2. Whether the claimant was entitled to compensation for loss of income due to disability, and, if so, what disability percentage and amount should be applied

Section 173(1) of the Motor Vehicles Act, 1988 provides for an appeal against a motor accident compensation award.

In assessing compensation for permanent disability, the Court applied the multiplier method using the claimant’s age of 55 years (multiplier 11) and the Karnataka State Legal Services Authority’s notional income of ₹15,500 per month for 2022.

The Court assessed whole-body disability on the evidence before it and calculated future loss of income as monthly income × 12 × multiplier × disability percentage.

The Court enhanced compensation for pain and suffering from ₹50,000 to ₹80,000 and for loss of amenities from ₹30,000 to ₹60,000, considering the nature of the claimant’s head injuries.

It upheld the Tribunal’s awards for medical expenses and conveyance, nourishment and attendant charges.

Although the doctor assessed 25% whole-body disability based on a neuropsychological report whose author was not examined, the Court fixed disability at 10%, considering the evidence of the examining doctor and the claimant’s testimony and cross-examination.

Applying the stated income and multiplier, it calculated disability-related loss at ₹2,04,600.

The Court increased total compensation from ₹2,47,500 to ₹5,12,100, granting an enhancement of ₹2,64,600, with interest at 6% per annum from the date of the petition until realization.

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