Kum Prema v. Sri Javed @ Mohammed Zulfikar Pasha
Case brief
What is this about?
Karnataka High Court 2025; MFA 173(1) MV Act enhancement; MACT/Fast Track Court Chikkamagaluru MVC 325-334/2007; Maxi Cab KA.21/1147; United India Insurance; owner vs insurer liability; Bajaj Allianz General Insurance Company Limited vs Rambha Devi Civil Appeal No.841/2018; light motor vehicle licence; unladen weight 5,300 Kgs.; luxury taxi cab licence defence; global compensation Rs.50,000; disability 35% Employees Compensation Act First Schedule Part-II; future prospects 40% and 25%; multiplier 17 and 14; notional income Rs.4,000 per month; loss of consortium Rs.40,000 each; enhancement Rs.3,30,840 and Rs.1,92,000 with 6% interest; deposit within six weeks; bench B M Shyam Prasad and G Basavaraja.
What did the court decide?
Appeals allowed in part modifying the Tribunal's common judgment and award dated 24.02.2011: (i) claimant in MFA No.1081/2012 granted enhancement of Rs. 3,30,840/- with interest at 6% per annum; (ii) claimants in MFA No.1083/2012 granted enhancement of Rs.1,92,000/- with interest at 6% per annum; (iii) each claimant in MFA Nos. 1079, 1080, 1082, 1085, 1087 and 1088 of 2012 granted global enhancement of Rs.50,000/-; (iv) the Insurance Company directed to deposit the enhanced compensation with interest at 6% p.a. from the date of filing of the claim petition till realization, within six weeks from receipt of a certified copy of the judgment.