Woman Bus Passenger Injured When Bus Jumps Speed Breaker Gets Compensation Raised To Rs 7.02 Lakh: Karnataka HC

On 22 May 2024, Shivamma was travelling in an NWKSRTC bus when it allegedly jumped over a speed breaker, causing her to fall from her seat and sustain injuries, including a fracture to the L2 vertebra.

She claimed that her injuries affected her ability to work as a seller of stationery materials.

The Motor Accident Claims Tribunal awarded her ₹5,15,524 with interest at 6% per annum.

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

Section 173(1) of the Motor Vehicles Act, 1988 provides for an appeal against an award of the Claims Tribunal.

In assessing loss of future income, the Court applied the multiplier method and relied on Sarla Verma v. Delhi Transport Corporation, which guided the selection of the multiplier by reference to the claimant’s age.

The Court also applied the Karnataka Legal Services Authority’s income guidelines to determine the claimant’s monthly notional income for an accident occurring in 2024.

Compensation was assessed under the relevant heads, including future income loss, pain and suffering, loss of amenities, and loss of income during the laid-up period.

The Court considered the medical evidence, including the doctor’s evidence of a malunited fracture and continuing complaints, and found no material elicited in cross-examination to discredit the doctor’s testimony.

Having regard to the injuries and medical records, it assessed whole-body disability at 20%.

It adopted monthly income of ₹16,250 under the applicable guidelines and, for the claimant aged 46, applied a multiplier of 13; this yielded ₹5,07,000 for loss of future income.

The Court also enhanced compensation for pain and suffering and laid-up-period income, and awarded compensation for loss of amenities.

It left the Tribunal’s awards for food and nourishment, medical expenses, and inpatient charges undisturbed, and declined future medical expenses because the evidence did not establish a need for future treatment.

The enhanced amount carries interest at 6% per annum from the date of the petition until payment, and the Corporation was directed to deposit it, with accrued interest, before the Tribunal within six weeks of receiving the certified copy of the judgment.