The Divisional Controller v. Smt. Akkamma
Case brief
What is this about?
The High Court of Karnataka allowed the bus corporation's appeal in part against a traffic accident compensation award. Upon accepting voters ID evidence increasing the deceased age to 65, the court recalculated loss of dependency and adjusted loss of consortium based on recent precedent, reducing total compensation.
What did the court decide?
Judgment and award of Tribunal modified; total compensation fixed at Rs. 7,85,500 with interest at 6% p.a.
What the court decided
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 08TH DAY OF NOVEMBER, 2022
BEFORE
THE HON’BLE MR.JUSTICE HANCHATE SANJEEVKUMAR
M.F.A.No.5571/2018 (MV-D)
BETWEEN:
THE DIVISIONAL CONTROLLER K.S.R.T.C. CENTRAL HEAD OFFICE K.H.ROAD, DOUBLE ROAD SHANTHINAGAR BENGALURU - 560 027 REP. BY ITS DEPUTY CHIEF LAW OFFICER
… APPELLANT
(BY SRI RAJASHEKR S., ADVOCATE)
AND:
- SMT. AKKAMMA W/O LATE LAKSHMEGOWDA @ SOMEGOWDA AGED ABOUT 53 YEARS
- SRI KANTHARAJU
Issues for consideration
3 issues framed by the court
Whether the learned Tribunal erred in quantum of compensation by not accepting additional evidence regarding the age of the deceased under Order 41 Rule 27 CPC.
Whether the notional monthly income and multiplier for loss of dependency were correctly assessed by the Tribunal.
Whether loss of consortium compensation was correctly calculated in light of the recent Supreme Court decision scaling up the amount.
Parties & counsel
- appellant
Karnataka State Road Transport Corporation
- respondent
Smt. Akkamma
- respondent
Sri Kantharaju
- respondent
Sri Sridhara
Coram
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · November
- Registered
- Case no.
- MFA/5571/2018
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