The High Court of Karnataka, allowing the delay of 97 days, enhanced the compensation from Rs. 4.29 lakhs to Rs. 6.52 lakhs for the heirs of the deceased in a motor vehicle accident case.
Compensation enhanced to Rs. 6.52 lakhs; relieved of interest on delayed period; respondent-insurer to deposit within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 10th DAY OF AUGUST 2012
BEFORE
THE HON'BLE MR. JUSTICE HULUVADI G.RAMESH
M.F.A. NO.1738 OF 2011 (MV-SJ)
Between:
(By Sri.Mahantesh S. Hosmath, Adv.)
And :
2
Keshav Rao Khadya Market, Opposite to Race Course, Mumbai, Represented by the Manager, ICICI Lambard General Insurance Company, Near Vijaya Bank Holenarsipura Road, Hassan – 573 211 (Policy Cover No.7183850 valid from 30-06-2008 to 29-06-2009) ... Respondents
(By Shri. B.C. Shivannegowda, Adv. for R2)
This MFA filed u/s 173(1) of MV Act against the judgment and award dated:16.08.2010 passed in MVC No.8/2009 on the file of Fast Track Judge & Member MACT, Holenarasipura, partly allowing the claim petition for compensation and seeking enhancement of compensation.
This Appeal coming on for Hearing this day, the Court delivered the following
J U D G M E N T
The delay of 97 days in preferring this appeal is condoned subject to the condition that the claimants shall not be entitled for interest for the delay period on the enhanced compensation.
3
the first appellant along with his wife was returning from Channarayapatna near Kunchevu Hosahally gate cross of Holenarsipura-Channarayapatna main road in an auto bearing registration No.KA-13-A-4695, the driver of the auto rickshaw, drove the same in a negligent manner and as a result, the auto in which they were travelling capsized. The first appellant and his wife sustained grievous injuries in the accident. The wife of the first appellant succumbed to the injuries.
was due to the negligence on the part of the driver of the auto rickshaw in question, awarded a total compensation of `.4,29,000/- with interest @ 6% from the date of petition till the date of deposit. Being no satisfied, the claimants who are the husband and children of the deceased are before this Court, seeking enhancement.
4
was doing milk-vending business. The deceased was aged about 30 years as on the date of the accident. Taking the income of the deceased at .4,500/- and after deducting 1/3<sup>rd</sup> of the income, the claimants are entitled for a sum of .6,12,000/- (.3000x 12 x 17) towards ‘loss of dependency’ and another .40,000/towards ‘conventional head’. Thus, the claimants are entitled to a sum of `.6,52,000/-, in modification of the award of the Tribunal with 6% interest from the date of the petition till deposit. The respondent - insurer to deposit the amount three months.
The appeal is allowed in part.
Sd/JUDGE
JJ*
2 issues framed by the court
Whether the delay in filing the appeal under s. 173(1) of MV Act should be condoned.
Whether the quantum of compensation award by the Tribunal should be enhanced.
1 provisions across 1 enactments
Revenna S/o. Javaregowda
K.N. Chandregowda
ICICI Lambard General Insurance Co. Ltd.
Huluvadi G.Ramesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
