The Divisional Manager v. Sri. Fakeerasab S/O Babusab Nadaf
Case brief
What is this about?
MFA S.173(1) Motor Vehicles Act 1988; claim petitions S.166 MV Act; composite negligence apportionment 70:30; pay and recover; uninsured motorcycle owner KA-24/X1814; truck KA-25/A-3284 VRL Logistics Vijayanand Road Lines; New India Assurance Company; loss of dependency; loss of consortium Rs.44,000; MVC 2523, 2061, 2522 of 2019; Senior Civil Judge and Addl. MACT Bailhongal; High Court of Karnataka Dharwad Bench; enhancement and apportionment 50:30:20; interest 6% p.a.; NC: 2025:KHC-D:10225-DB.
What did the court decide?
MFA Nos. 100210, 100206 and 100208 of 2024 (Insurance Company) and MFA No. 103134 of 2024 (parents of the rider in MVC 2522/2019) dismissed; MFA Nos. 101347, 100121 and 100345 of 2024 (claimants in MVC 2523 and 2061 of 2019) allowed in part. Quantum of compensation and 6% p.a. interest left unaltered; apportionment among the widow/mother/father of Kareppa revised to 50%/30%/20%; Insurance Company (liability 70%) directed to pay the entire compensation including the 30% share of the motorcycle owner and recover the same from him, and to deposit the entire amount with accrued interest before the Tribunal within six weeks; modified award to be drawn.