Shri. Shankreppa S/O Mahadevappap Chandaragi v. Shri. Lalemashak Razak S/O Abdul Razak
Motor Vehicles Act – Enhancement of compensation
Case brief
What is this about?
MV Act S.173(1) enhancement appeals against common Tribunal award dated 03.06.2016 in MVCs 1745/2247/2248/2249/2250/2251 of 2013 (VIII Addl. District & Sessions Judge, Belagavi); accident 16.06.2012 between goods vehicle KA-24/5423 and Maruti Omni GA-02/J-2872; quantum enhanced from Rs.5,000-9,000 to Rs.75,000 per claimant with 6% p.a. interest (excluding delay-period interest); pay-and-recover direction on Oriental Insurance despite policy-condition violation, applying Oriental Insurance Company Ltd. v. Shri Nanjapp, AIR 2004 SC 1630; gratuitous-passenger/policy-violation defence raised by insurers; Justice Ashok S. Kinagi; NC: 2025:KHC-D:12900.
What did the court decide?
All appeals allowed in part; Tribunal judgment and award modified — each petitioner entitled to enhanced global compensation of Rs.75,000/- (inclusive of the compensation awarded by the Tribunal) with interest at 6% per annum from the date of the petition till realisation, excluding interest for the delayed period in filing the appeals; the rest of the Tribunal's judgment and award maintained; Trial Court records to be transmitted to the Tribunal forthwith; award to be drawn accordingly.