Ningamma v. M/S United Ins Co. Ltd.
Case brief
What is this about?
This appeal challenges the compensation award in a motor accident case where the deceased was pedestrianed by an HGV. The High Court held the Tribunal's use of no-fault liability principles was unjustified. The court recalculated compensation under loss of estate and consortium, enhancing the award to Rs.16,11,600/-.
What did the court decide?
Enhanced compensation of Rs. 14,61,600/- granted along with interest at 6% p.a.
What the court decided
1
M.F.A.No.4333/2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
M.F.A.NO.4333/2018 (MV-D)
BETWEEN :
1 . NINGAMMA
W/O LATE MALLANNA AGED ABOUT 60 YEARS, R/O RAYANAHALLY VILLAGE CHITRADURGA TQ & DISTRICT - 577 501.
- 2 . HANUMAKKA
W/O ADIVAPPARA CHANNANNA AGED ABOUT 58 YEARS, R/O BANGARAKKANAHALLY VILLAGE CHITRADURGA TQ & DISTRICT - 577 501.
- 3 . HANUMAPPA @ HANUMANTHAPPA S/O KARIYAPPA
Issues for consideration
3 issues framed by the court
Whether the Tribunal erred in awarding compensation under heads of no fault liability and family contribution.
What is the quantifiable compensation for loss of estate and consortium in this motor accident case.
Whether compensation awarded in the appeal should be enhanced pursuant to the judgment of the High Court.
Parties & counsel
- appellant
Ningamma & Ors.
- respondent
M/s United Ins. Co. Ltd. & Ors.
Coram
Hanchate Sanjeev Kumar
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · November
- Registered
- Case no.
- MFA/4333/2018
Similar cases
Judgements on the same questions, provisions and authorities, from every court