Karnataka High Court Grants ₹20 Lakh Towards 'Lifetime Caretaker' Expenses To Woman Left Permanently Disabled In Road Accident

The Karnataka High Court has awarded Rs.20 lakhs towards caretaker expenses for the next 50 years to a 34-year-old woman who suffered severe head injuries in a motorcycle accident, rendering her permanently disabled. [ 2026 LiveLaw (Kar) 240]Opining that extreme cognitive deficit and her inability to go back to her avocation would amount to 100 per cent loss of earning capacity, the Division Bench of Justices Jayant Banerji and Tara Vitasta Ganju enhanced the compensation for permanent disability awarded by the MACT Tribunal five-fold. Therefore, the total compensation in the appeal was increased to Rs 55 Lakhs from Rs 11 lakhs awarded by the Tribunal. Moreover, the court also said that Rs 1 lakh awarded by the MACT Tribunal for caretaker and future medical expenses was 'wholly inadequate'.“…Since the appellant/claimant is unable to take care of her day-to day activities or be able to live her life in a normal way, she would require an attendant for the rest of her life at least for 50 years. Given her age at the time of the accident and she would require an attendant for the rest of her life, this Court deems it apposite to award 'Caretaker expenses' for a period of 50 years, which we find it just and proper to award at Rs.20,00,000/”, the court observed in the order about caretaker expenses alone, separating it from the medical expenses.The court also clarified that no interest charges would be levied on the caretaker expenses awarded separately.To recap, the victim was 25 years old at the time of the accident in 2016. She was travelling as a pillion rider when the rider lost control and fell on NH-66. Thew appellant suffered grievous injuries including subdural haemorrhage which necessitated a decompressive craniectomy. She was hospitalised several times and treated as in patient for weeks.The appellant's permanent disability was calculated at 82.5 per cent by the Manipal Hospital's Neurosurgery Department. Before the Tribunal, the doctor also certified that the appellant is highly dependent since she needs regular medication and constant supervision on account of cognitive deficits and seizures.After taking the evidence, the Tribunal held that the neuropsychological disability and disability due to convulsion affecting the functional disability would not exceed 40%. Accordingly, the amounts for loss of income due to disability was calculated. Similarly, the compensation for future medical expenses and a caretaker was capped at Rs 1 lakh by the Tribunal.Relying on the apex court decision in Raj Kumar v. Ajay Kumar and Another (2011) 1 SCC 343, the high court remarked that the percentage of permanent disability with reference to the whole body cannot be assumed to be the percentage of loss of earning capacity. The Tribunal must assess the effect of the permanent disability on the earning capacity of the injured, the court iterated.“...Given the extensive evidence placed on record by the appellant/claimant and the type of injuries sustained, it is quite clear that the appellant/claimant would be unable to return back to her avocation throughout her life. She would also not be able to take care of herself independently, requiring an attendant. However, the learned Trial Court has not sufficiently awarded amounts to defray these expenses…. The 'loss of income in view of disability' would thus have to be recalculated, reflecting a disability of 100%...”, the court opined further.The court accordingly allowed the appeal in part, and directed the respondent No.2/Insurance Company to deposit the enhanced compensation with 8 per cent interest within eight weeks. Case Title: Chethana v. Pradeep Achar & Ors.Case No: MFA No. 1405/2021 (MV-I)Citation: 2026 LiveLaw (Kar) 240Click Here To Read/Download Order

Karnataka High Court Grants ₹20 Lakh Towards 'Lifetime Caretaker' Expenses To Woman Left Permanently Disabled In Road Accident

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Karnataka High Court Grants ₹20 Lakh Towards 'Lifetime Caretaker' Expenses To Woman Left Permanently Disabled In Road Accident

Sebin James

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