Sri Jithendra Kumar v. Sri Ansar R Varthik
Case brief
What is this about?
The High Court allowed the miscellaneous first appeal in part to enhance compensation from Rs.3,60,600 to Rs.9,84,200. The court reassessed loss of dependency, added loss of consortium and estate, and awarded interest at 6% p.a., denying interest for the delay in filing the appeal.
What did the court decide?
Enhanced compensation of Rs.9,84,200 awarded with 6% per annum interest from filing date till realization; no interest for delay in filing appeal.
What the court decided
- 1 -
NC: 2024:KHC:48975 MFA No. 349 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.349 OF 2013 (MV)
BETWEEN:
SRI. JITHENDRA KUMAR S/O GOPAL KOTTARY AGED ABOUT 30 YEARS R/A DAYYARADKA HOUSE PODAR SITE, PAVOOR VILLAGE MANGALORE TALUK
…APPELLANT
(BY SRI. P KARUNAKAR .,ADVOCATE)
AND:
Digitally signed by PAVITHRA B Location: HIGH COURT OF KARNATAKA
Issues for consideration
3 issues framed by the court
Whether the compensation awarded by the Tribunal under loss of dependency is correctly assessed considering the notional income and loss of future prospects.
Whether the appellant is entitled to additional heads of compensation such as loss of consortium, funeral expenses, transportation of dead body, and loss of estate.
To what extent the impugned judgment and award should be modified to enhance the compensation amount.
Parties & counsel
- appellant
Sri. Jithendra Kumar S/O Gopal Kottary
- respondent
Sri. Ansar R Varthik
- respondent
The Oriental Insurance Co Ltd
- respondent
Sri. Rajesh S/O Sankappa Poojary
- respondent
National Insurance Co Ltd
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · November
- Registered
- Case no.
- MFA/349/2013
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