Mohanakshi v. Gunashekara K P
Case brief
What is this about?
This court allowed the additional first appeal filed by claimants seeking to enhance compensation awarded in a fatal accident case involving an employee. The court modified the award to include funeral expenses and corrected the interest rate from 6% to 12% per annum, directing the insurer to pay the total compensation including interest.
What did the court decide?
Compensation enhanced to Rs.13,79,164/- with interest at 12% p.a. from accident date till realisation, payable by the Insurance Company within four weeks.
What the court decided
- 1 -
NC: 2024:KHC:10447 MFA No. 5144 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2024 BEFORE
THE HON'BLE MR JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 5144 OF 2020 (ECA)
BETWEEN:
- MOHANAKSHI W/O.LATE KRISHNEGOWDA AGED ABOUT 46 YEARS R/AT ALUR THALUKU HANUMANAHALLI KUNDURUR HASSAN-573 201
- BHAVYA D/O.LATE KRISHNAGOWDA AGED ABOUT 30 YEARS R/AT NO.33/4
RAVINDRANATHA BUILDING 3RD CROSS, SINGASANDRE BENGALURU-565 068
BOTH ARE PRESENTLY R/AT KUNTIKANA, MANGALORE D.K.DISTRICT-575 007
Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA
(BY SRI G.RAVISHANKAR SHASTRY, ADVOCATE)
Issues for consideration
3 issues framed by the court
Whether the compensation awarded by the trial court calls for enhancement under the Employee's Compensation Act.
Whether the rate of interest awarded by the trial court is erroneous and requires modification.
Whether the insurance company is liable to pay the entire compensation or solely the interest.
Parties & counsel
- petitioner
Mohanakshi W/o.Late Krishnegowda
- petitioner
Bhavya D/o.Late Krishnagowda
- respondent
Gunashekara K.P.
- respondent
Reliance General Insurance Co.Ltd.
Coram
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · March
- Registered
- Case no.
- MFA/5144/2020
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