Nagappa S/O Fakirappa Haliyal v. Jayappa S/O Fakirappa Nungari
Motor Vehicles Act – S.173(1)
Case brief
What is this about?
Enhancement of motor accident compensation for grievous injuries (comminuted fracture of tibia and fibula of left leg) — High Court of Karnataka, Dharwad Bench, 10.07.2025, Hanchate Sanjeevkumar J — MFA No.101894/2015 (claimant Nagappa Haliyal) allowed in part; MFA No.102205/2015 (Reliance General Insurance Co.) dismissed — driving licence LMV non-transport sufficient to drive LMV transport vehicle, per Mukund Dewangan v. Oriental Insurance Co. Ltd. (2017) 14 SCC 663 — notional income Rs.6,500/- per month (KSLSA, 2012), 17% functional disability, age 48 (Ex.P6), multiplier 13 — compensation enhanced from Rs.1,86,240/- to Rs.2,88,380/- with 6% p.a. interest — Tribunal: Senior Civil Judge and Additional MACT, Ramdurg, MVC No.2490/2012 — insurer to deposit within eight weeks.
What did the court decide?
MFA No.102205/2015 filed by the insurance company dismissed; MFA No.101894/2015 filed by the claimant allowed in part; the Tribunal's judgment and award dated 29.04.2015 in MVC No.2490/2012 stands modified; claimant entitled to Rs.2,88,380/- with 6% p.a. interest from date of filing of petition till realization; Insurance Company to deposit the awarded amount before the Tribunal within eight weeks; amount deposited before the High Court to be transmitted to the Tribunal; no order as to costs; award to be drawn accordingly.