The Divisional Controller v. Smt Manjula
Case brief
What is this about?
The Karnataka High Court modified the Motor Accident Claims Tribunal's award. It enhanced the total compensation from Rs. 20,10,790/- to Rs. 25,00,790/- to include loss of consortium and adjusted inheritance, but reduced the interest rate from 9% to 6% per annum.
What did the court decide?
The total compensation to the claimants is fixed at Rs. 25,00,790/- carrying interest at 6% p.a.
What the court decided
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF MARCH 2021
PRESENT
THE HON’BLE MR.JUSTICE ALOK ARADHE
AND
THE HON’BLE MR.JUSTICE ASHOK S. KINAGI
MFA NO.5507 OF 2019 (MV) C/W MFA NO.3816 OF 2019 (MV)
IN MFA No.5507/2019
BETWEEN :
- SMT. MANJULA W/O LATE SHIVARAJU AGED ABOUT 37 YEARS
- S KUMARA
- S/O LATE SHIVARAJU AGED ABOUT 9 YEARS
- S SHARATH S/O LATE SHIVARAJU AGED ABOUT 5 YEARS
Issues for consideration
3 issues framed by the court
Whether the quantum of compensation awarded by the Claims Tribunal was appropriate and whether it requires enhancement or modification.
Whether the addition of 40% for future prospects is applicable where the deceased was self-employed and below 40 years of age.
Whether the interest rate awarded by the tribunal should be reduced to 6% per annum.
Parties & counsel
- appellant
M. Manjula vs others
- appellant
S. Kumara
- appellant
S. Sharath
- appellant
Puttamma
- appellant
Patel Javaregowda
- respondent
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · March
- Registered
- Case no.
- MFA/3816/2019
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