Case Note & Summary
The High Court allowed an appeal seeking enhancement of compensation in a motor accident claim case -- The appellant had sustained injuries in a road traffic accident on 15.01.2016 while travelling in a bus -- The MACT had awarded Rs.3,27,292/- as compensation -- The High Court found two errors in the Tribunal's award: incorrect calculation of notional income and omission of compensation for loss of amenities -- The Court recalculated the compensation using Rs.9,500/- as monthly notional income instead of Rs.8,000/- and added Rs.30,000/- for loss of amenities -- The total compensation was enhanced to Rs.4,16,432/- with interest at 6% per annum from the date of petition till realization -- The Insurance Company was directed to deposit the enhanced amount within eight weeks
Headnote
The High Court of Karnataka at Bengaluru allowed an appeal filed under Section 173(1) of the Motor Vehicles Act, 1988 (MV Act) challenging the judgment and award dated 17.02.2018 passed by the Motor Accidents Claims Tribunal (MACT) -- The appellant-claimant sought enhancement of compensation awarded for injuries sustained in a road traffic accident -- The Court found that the Tribunal had incorrectly calculated the notional income at Rs.8,000/- per month instead of Rs.9,500/- per month for the year 2016 -- The Court also noted that no compensation was awarded for loss of amenities despite the claimant's injuries and disability -- The Court modified the award by enhancing the compensation from Rs.3,27,292/- to Rs.4,16,432/- with interest at 6% per annum -- The enhanced amount included Rs.30,000/- for loss of amenities and recalculated amounts for loss of future income and loss of income during treatment
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Issue of Consideration: The Issue of enhancement of compensation in motor accident claim case
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Final Decision
The appeal was allowed -- The impugned judgment and award was modified -- The appellant was entitled to enhanced compensation of Rs.89,140/- along with interest at 6% per annum from the date of petition till realization -- The total compensation payable was Rs.4,16,432/- including the original award of Rs.3,27,292/- -- The Insurance Company was directed to deposit the enhanced compensation within eight weeks
2026 LawText (KAR) (01) 42
Miscellaneous First Appeal No. 6735 of 2018 (MV-I)
Hon'ble Ms. Justice Tara Vitasta Ganju
Sri Yogesha G.K. (for Appellant), Sri D. Vijaya Kumar (for Respondent No.1)
Sri Kanchipathi @ Kiran S/o Ramaiah
The Manager, IFFCO Tokio General Insurance Co. Ltd., Sri B.R. Pradeep S/o Rajanarsimha Murthy
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Nature of Litigation: Appeal against compensation award in motor accident claim case
Remedy Sought
Appellant sought enhancement of compensation awarded by the Motor Accidents Claims Tribunal
Filing Reason
The appellant challenged the Tribunal's award dated 17.02.2018 on grounds of incorrect notional income calculation and omission of compensation for loss of amenities
Previous Decisions
The Motor Accidents Claims Tribunal had awarded Rs.3,27,292/- as compensation with interest at 6% per annum
Issues
Whether the notional income was correctly calculated by the Tribunal
Whether compensation should be awarded for loss of amenities
Submissions/Arguments
Appellant's counsel argued that notional income should be Rs.9,500/- per month instead of Rs.8,000/- per month for year 2016
Appellant's counsel contended that no amount was awarded for loss of amenities despite injuries and disability
Appellant's counsel submitted that loss of income during treatment period should be awarded
Respondent's counsel conceded that notional income calculation was incorrect and compensation for loss of amenities should be awarded
Ratio Decidendi
The Tribunal must apply correct notional income as per prevailing standards for the accident year -- Compensation for loss of amenities is a necessary component in motor accident claims where injuries result in disability or reduced quality of life -- Appellate courts can modify compensation awards when errors in calculation or omissions are established
Judgment Excerpts
The learned Trial Court had wrongly calculated the notional income
No amounts have been granted on loss of amenities even though the same should have been provided for in accordance with law
This Court deems it apposite to award the loss of amenities at Rs.30,000/-
The appeal is allowed
The impugned Judgment and Award is modified
Procedural History
Accident occurred on 15.01.2016 -- Claim petition filed before MACT -- Tribunal passed award on 17.02.2018 awarding Rs.3,27,292/- -- Appeal filed before High Court under Section 173(1) of MV Act -- High Court heard arguments and delivered judgment on 22.01.2026
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