Nishan v. the Divisional Manager
Case brief
What is this about?
The High Court allowed this appeal in part, enhancing compensation from Rs. 9.35 lakhs to Rs. 25.56 lakhs for a 4-year-old boy amputated in a bus accident, recognizing loss of future earnings, marriage prospects, and attendant charges.
What did the court decide?
Compensation enhanced from Rs. 9,35,000/- to Rs. 25,56,800/- covering future earnings, marriage prospects, attendant charges, and legal fees.
What the court decided
A compact analysis
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.
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NC: 2023:KHC:38822 MFA No. 4176 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI MISCELLANEOUS FIRST APPEAL NO. 4176 OF 2017 (MV-I)
BETWEEN:
NISHAN S/O LATE JAGADISH M AGED ABOUT 6 YEARS SINCE MINOR REPRESENTED BY HIS GUARDIAN AND NEXT FRIEND AND UNCLE MR.JAYANTH, S/O LAKSHMANA POOJARY AGED ABOUT 37 YEARS R/AT MULIBAIL HOUSE BARIMARU, BANTWAL D.K.DISTRICT, PIN -574 253.
…APPELLANT
Digitally signed by JAI JYOTHI J Location: HIGH COURT OF KARNATAKA
(BY SRI RAVISHANKAR SHASTRY G, ADVOCATE)
AND:
Issues for consideration
3 issues framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal was reasonable given the claimant's age and severe disability.
Whether future loss of earnings and loss of marriage prospects should be enhanced for a minor with 90% disability.
What heads of compensation are applicable when a minor suffers permanent amputation and parental loss.
Parties & counsel
- appellant
NISHAN S/O LATE JAGADISH M
- respondent
THE DIVISIONAL MANAGER KSRTC
Coram
LALITHA KANNEGANTI
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · November
- Registered
- Case no.
- MFA/4176/2017
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