Karnataka HC Enhances Motor Accident Payout For Septuagenarian

In a decisive intervention for elderly victims of road accidents, the Karnataka High Court has significantly enhanced the compensation for a 74-year-old claimant, ruling that notional income must reflect realistic economic standards even for senior citizens. The Court corrected a lower tribunal's conservative income assessment, affirming that advanced age does not diminish the right to just and fair restitution under the Motor Vehicles Act, 1988.

Justice K. Manmadha Rao, presiding over the appeal, revisited the award granted to an elderly pedestrian struck by a KSRTC bus. While the Motor Accident Claims Tribunal (MACT) had adopted a restrictive view of the claimant's earning capacity, the High Court emphasized a more equitable approach to calculating 'just compensation' in the absence of formal proof of income for the year 2018.

Court Observations and Directions

The Court noted the disparity between the Tribunal's assessment and the standard guidelines for accidents occurring in 2018. The Court, in its reasoning, observed: "The Tribunal has taken the notional income of the appellant at Rs.7,000/- per month. The accident is of the year 2018. Having regard to the age of the appellant, the nature of the claim and the guidelines usually followed, this Court is of the considered view that the notional income of the appellant has to be taken at Rs.12,500/- per month."

The Court has following directions:

"(i) The appeal is allowed in part.

(ii) The judgment and award dated 30.09.2019 passed by the XIV Additional Small Causes Judge & ACMM and Member, MACT, Bengaluru (SCCH-10) in MVC No.1994/2018 is hereby modified.

(iii) The appellant/claimant is entitled to a total compensation of Rs.3,21,403/- (Rupees Three Lakh Twenty-One Thousand Four Hundred and Three only) with interest at the rate of 6% per annum from the date of petition till realization excluding future medical expense.

(iv) The respondent - KSRTC is directed to deposit the enhanced compensation amount together with accrued interest within a period of eight weeks from the date of receipt of a certified copy of this judgment.

(v) On such deposit, the entire amount shall be released in favour of the appellant on proper identification."

Background

The case originated from an accident on January 29, 2018, when the appellant, a 74-year-old resident of Yelahanka, was struck by a KSRTC bus while crossing the road. The impact resulted in a fracture of the left humerus. The claimant approached the MACT under Section 166 of the Motor Vehicles Act, 1988, where the Tribunal awarded ₹2,68,253/- after finding the bus driver negligent.

Dissatisfied with the quantum, the claimant approached the High Court, arguing that the 8% disability assessment and the low notional income of ₹7,000/- were unfair. The KSRTC maintained that the award was reasonable. Upon review, the High Court found that while the disability percentage was acceptable given the nature of the injury, the income and amenity-based compensation required upward revision to meet the standards of 'just compensation'.

Case Details:
Case No.: Miscellaneous First Appeal No. 1492 Of 2021 (MV-I)
Case Title: Sri Wilson Katuri Vs. The Managing Director KSRTC
Appearances:
For the Petitioner(s): Sri Mohith R., Advocate for Sri M.B. Chandrachooda, Advocate
For the Respondent(s): Smt. S. Nirmala, Advocate

Source: 2026 CaseBase(KAR) 22383