Without Discharge Summary, Karnataka HC Assesses Injured Motorcyclist’s Whole-Body Disability At 21%, Cuts Award To Rs 7.77 Lakh

On 2 November 2018, Chandrappa was riding a motorcycle when it collided with an NWKSRTC bus.

He sustained, among other injuries, fractures to his right femur condyle and right wrist

He claimed that the bus driver’s rash and negligent driving caused the accident and sought compensation for his injuries and resulting disability.

The Motor Accident Claims Tribunal awarded ₹8,16,240, with interest at 7% per annum.

The Corporation appealed, challenging negligence, the disability assessment and the quantum; Chandrappa filed a cross-appeal seeking enhancement.

The appeals were brought under Section 173(1) of the Motor Vehicles Act, 1988, which provides for an appeal against an award of a Claims Tribunal.

In assessing loss of future income, the Court applied the multiplier method and relied on Sarla Verma v. Delhi Transport Corporation, 2009 ACJ 1298, selecting a multiplier of 16 for the claimant’s age of 31.

The Court assessed compensation by reference to the claimant’s income, functional disability and the established heads of damages.

The Court rejected the Corporation’s contention that the motorcyclist caused or contributed to the accident.

The police had filed a charge sheet against the bus driver, and the driver’s evidence that the motorcyclist was on the wrong side did not persuade the Court to find contributory negligence.

Although the medical evidence recorded significant disability to the right lower limb and wrist, the discharge summary and treatment details were not produced; considering the injuries, the Court assessed whole-body disability at 21%.

Using the Tribunal’s monthly income assessment of ₹11,750, the claimant’s age and the multiplier of 16, the Court calculated future income loss at ₹4,73,760.

It also revised certain amounts for pain and suffering, laid-up-period income and loss of amenities, while leaving the other specified heads unchanged.

It modified the award, reducing compensation from ₹8,16,240 to ₹7,77,000, and directed that a modified award be drawn and any amount in deposit be transmitted to the Tribunal.