The Karnataka High Court on 7 November 2026 enhanced the motor accident compensation payable to an injured contractor to Rs 19.66 lakh. The order arose from a motorcycle accident in 2009. The claimant, a contractor by occupation, had suffered serious head injuries in that accident. The Court revised the amount after recording a persistent cerebrospinal fluid leak through his nose.
At issue was just compensation in motor accident cases where the injury does not heal with initial treatment. The order records grave trauma to the head in the 2009 collision. The medical condition described was a continuing leak of cerebrospinal fluid through the nasal passage. The Court treated that leak as a direct result of the head injuries suffered in the motorcycle accident. It was persistent, the Court said, not temporary.
Leak's toll on work, daily life
The bench linked the persistent leak to the claimant's daily life. The order states the contractor continued to live with discharge of brain fluid through the nose. Such a condition, the Court said, affected his capacity to carry on contracting work. It also recorded an impact on his ordinary life beyond loss of earnings. The calculation of compensation in motor accident cases, as applied in this order, took that continuing disability into account. Compensation for serious head injuries must reflect both the medical gravity and the duration of suffering, the bench said.
It held the revised sum of Rs 19.66 lakh represented adequate payment for the injuries established on record. A grave head injury with a long-term leak called for a higher award than had been allowed earlier, was the finding. The order treats the continuing medical disability as central to the assessment. It also treats the contractor's reduced ability to work as part of the loss to be compensated. The claim was not treated as one for a healed injury with only past treatment costs.
The injured contractor is now entitled to receive compensation assessed at Rs 19.66 lakh. The amount reflects the serious head injuries from the 2009 motorcycle accident. It also reflects the persistent cerebrospinal fluid leak found by the Court. The payment covers the long-term consequences for his work and personal life identified in the judgment.
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