Karnataka High Court Enhances Compensation for Amputation in Road Accident Case
Tribunal's award revised from Rs. 5.98 lakh to Rs. 11.40 lakh considering disability, loss of income, and future prospects.
In a significant judgment, the Karnataka High Court has enhanced the compensation awarded to Sri. Muniyappa, a 60-year-old vegetable vendor who suffered a below knee amputation of his left leg in a road accident. The Court revised the compensation from Rs. 5,98,300 awarded by the Motor Accident Claims Tribunal, Bangalore to Rs. 11,40,795, acknowledging the severe impact on Muniyappa's earning capacity and quality of life.
The accident, which occurred on May 25, 2022, left Muniyappa permanently disabled, affecting his ability to continue his occupation as a vegetable vendor. Initially, the tribunal assessed the notional income at Rs. 15,000 per month, without awarding compensation for the loss of earnings during the laid-up period, prompting Muniyappa to appeal for higher compensation.
Presiding over the appeal, Justice Dr. Chillakur Sumalatha, recognized the functional disability as 40% of the whole body, taking into account Muniyappa's occupation and the daily activities required in his profession. The High Court adopted the notional income figure of Rs. 15,500 per month as per the 2022 guidelines of the Karnataka State Legal Services Authority and added 10% for future prospects, as established in the precedent of National Insurance Co. Ltd. v. Pranay Sethi. Applying a multiplier of '9' as per Sarala Verma v. Delhi Transport Corporation, the Court recalculated the compensation.
The revised compensation covers various heads: Rs. 1,24,000 for loss of income during an eight-month laid-up period, Rs. 1,00,000 for pain and suffering, Rs. 25,000 for food, nourishment, attendant, and conveyance, Rs. 50,000 for loss of amenities in life, and Rs. 1,00,000 for future medical expenses. The decision reflects a comprehensive consideration of Muniyappa's circumstances and the challenges he faces post-accident.
The enhanced sum will accrue interest at 6% per annum from the date of the petition until the date of deposit, excluding a 222-day delay period. The respondent, Managing Director Motor Claims Hub, is directed to deposit the enhanced compensation within eight weeks, after which Muniyappa is permitted to withdraw the entire amount.
This ruling underscores the judiciary's role in ensuring fair compensation for accident victims, particularly those whose livelihoods are severely impacted due to their injuries.
Bottom Line:
Motor Accident Claims - Enhancement of compensation for below knee amputation in road accident case - Tribunal's decision revised considering functional disability, loss of income during laid-up period, and future prospects.
Statutory provision(s): Motor Vehicles Act, 1988
Sri. Muniyappa v. Managing Director Motor Claims Hub, (Karnataka) : Law Finder Doc Id # 2789680
