Yamanur S/O Hanumanthappa Hunisihal v. Chiranjeevi S/O Appanna
Case brief
What is this about?
Enhancement of compensation in fatal motor accident claims; High Court of Karnataka, Dharwad (Ashok S. Kinagi J.), 17-09-2025; NC: 2025:KHC-D:12735; MFA Nos.101893, 100874, 100875, 100878, 100879 and 101912 of 2024 c/w; against awards in MVC Nos.436-439 and 442/2014 (Senior Civil Judge and MACT, Gangavathi) and MVC No.416/2017 (Addl. MACT, Koppal); accident 09.05.2011, Tata Ace KA-37/6568 hit by Tipper KA-35/A-279; Kishan Gopal v. Lala (2014) 1 SCC 244 — minor's death ₹5,00,000; Pranay Sethi (2017) 16 SCC 680 — future prospects 40%/25%; KSLSA notional income ₹6,000 p.m.; multipliers 18/14; consortium ₹48,000 per dependant; Shriram General Insurance directed to pay first and recover from owner of tipper; interest for filing delay (2099/2077/317 days) excluded.
What did the court decide?
MFAs Nos.100875, 101893, 100879, 100874 and 100878 of 2024 allowed and the tribunal's judgment and award modified with enhanced compensation of ₹2,25,000/- (MFA No.100875/2024), ₹5,57,200/- (MFA No.101893/2024), ₹3,45,200/- (MFA No.100879/2024), ₹5,57,200/- (MFA No.100874/2024) and ₹2,54,000/- (MFA No.100878/2024), each with 6% p.a. interest from the date of petition till realisation, excluding interest for the delay in filing (2099/2077 days); insurance company to pay at first instance and recover from the owner of the offending vehicle. MFA No.101912/2024 dismissed as the insurer had already paid the awarded compensation (no interest for the 317-day delay); tribunal records and amount in deposit, if any, to be transmitted to the Tribunal concerned.