HC raises accident compensation after noting cognitive disability

Bengaluru: The Karnataka high court has enhanced the compensation awarded to Dhiraj, a painter from Kundapur in Udupi district, to Rs 44.9 lakh with 6% annual interest after holding that the head injuries he sustained in a road accident resulted in 100% functional disability.The enhanced compensation is over four times the Rs 10.3 lakh earlier awarded by the Motor Accident Claims Tribunal at Kundapura. The accident occurred on April 6, 2018, near the Matapadi bridge in Udupi taluk when Dhiraj was travelling as a pillion rider on a motorcycle ridden by Ganesh Poojary. An autorickshaw allegedly took a sudden U-turn without a signal and collided with the motorcycle, injuring both riders.Dhiraj, before the high court, argued that he was earning Rs 20,000 per month as a painter but lost his livelihood due to severe head injuries suffered in the accident. He argued that while a neurosurgeon had assessed his cognitive disability at 45% with no scope for improvement, the tribunal had considered only 15% disability while calculating compensation.Allowing the appeal in part, Justice P Sree Sudha observed that previously, the high court rulings had treated severe head injuries causing cognitive impairment as amounting to 100% functional disability. Applying the same principle, the court held that Dhiraj was completely disabled from pursuing his profession.The court awarded Rs 37.8 lakh towards loss of future income prospects, considering that Dhiraj was only 20 years old at the time of the accident. An additional Rs 3 lakh was granted towards loss of marriage prospects. However, the court declined compensation under attendant charges, noting that Dhiraj's mother had personally cared for him during treatment.The high court directed Universal Sompo General Insurance Company Limited, insurer of the autorickshaw, to deposit the enhanced compensation amount along with interest before the tribunal within one month.