Karnataka HC grants additional compensation to road accident victim who suffered neurological disabilities

Bengaluru: The Karnataka High Court has granted additional compensation of Rs 26,57,080, as against the initial Rs 7,66,250 compensation awarded by a Motor Accident Claims Tribunal, Kalaburagi, to a victim who suffered neurological disabilities in a road accident.

Justice CM Joshi relied upon the Apex Court rulings to contemplate under the Minimum Wages Act to as notional income clubbed with future prospects while determining the multiplicand for compensation calculations.

The accident had taken place on February 15, 2019, when the victim Devindrappa Talwar, 18 years old at the time of accident, was traveling on a motorcycle from Malla (B) Village to Yelagod in Jewargi taluk. The motorcycle he was riding pillion overturned on Wadagera-Sumbad road due to careless driving. He received treatment at Government Hospital, Yadrami, subsequently at United Hospital, Kalaburagi for 30 days and later at NIMHANS Hospital, Bengaluru for 48 days. He continues to experience permanent disability.

Challenging the tribunal's assessment of 10% disability, the petitioner argued that it should in fact be considered as 90%. It was submitted that the injuries included a left clavicle fracture, traumatic brain injury, right-side hemiparesis, and partial hearing loss in the left ear.

Citing the methodology adopted by the Apex Court, Justice Joshi noted the multiplier of '18' for minors has to be applied for computing compensation. The court determined 40 per cent neurological disability from right hemiparesis, 10 per cent hearing loss, and 10 per cent speech impairment. Noting that he missed his SSLC examination in 2019 and considering his diminished performance abilities, the court established functional disability at 60 per cent.

Following the Karnataka State Legal Services Authority guidelines, the court calculated compensation using a notional monthly income of Rs 13,250 for 2019, leading to the enhanced compensation amount. The victim would now get a total compensation of Rs 34,23,330.