High Court of Karnataka, Kalaburagi Bench (Division Bench: K Natarajan and Vijaykumar A. Patil, JJ.; oral judgment per K Natarajan, J.), 02.04.2025 - Motor accident claims (MACT-III, Vijayapura) arising out of a night-time accident dated 25.09.2014 at about 11.30 p.m. near Gobbaraguppi Cross on the Vijayapur-Hubballi road, in which a car (Reg. No. KA-28/M-8453) dashed a lorry (Reg. No. KA-29/A-4842) parked in the middle of the road without indicators; three occupants were injured and one, Vinay @ Vinayak, sustained head injury and died in hospital on 28.07.2016 after about 22 months of treatment. HELD: (i) Liability - the charge sheet (Ex.P-5, P-6) was filed against both drivers and was not challenged by the car driver, who neither appeared nor gave evidence, nor did the owner of the car; the Tribunal's finding of sole negligence of the lorry driver was interfered with and contributory negligence fixed at 70% on the lorry driver and 30% on the car driver, liability cast accordingly on the owner/insurer of the lorry (70%) and the owner/insurer of the car (30%). (ii) Enhancement - Murughendra (MVC 38/2015): Rs.3,25,000/- enhanced to Rs.6,50,771/- (monthly income Rs.17,776/- averaged from income-tax returns 2011-12 to 2013-14; 9% whole-body disability; multiplier 17; laid-up period reduced from 7 to 4 months). Vimalesh (MVC 39/2015): Rs.2,39,000/- enhanced to Rs.4,77,567/- (income Rs.33,405/- confirmed; global Rs.1,00,000/- for disability/memory loss in the absence of documentary or expert proof). Basavaraj Kori (MVC 40/2015): Rs.1,03,800/- enhanced to Rs.2,45,191/- (income Rs.12,500/- confirmed; 5% whole-body disability adopted instead of the doctor's 10-15%). Death claim (MVC 1744/2016): Rs.18,86,200/- enhanced to Rs.26,04,000/- (notional income Rs.8,750/- per month per Karnataka State Legal Service Authority chart for 2016; 40% future prospects per National Insurance Co. Ltd. v. Pranay Sethi, (2017) 16 SCC 680; 1/3rd deduction; multiplier 16; dependency Rs.15,68,000/-; attendant charges Rs.200/- per day for 22 months = Rs.1,32,000/-; Rs.68,000/- food, conveyance and miscellaneous; consortium Rs.40,000/- each to mother and wife per Magma General Insurance Co. Ltd. v. Nanuram, 2018 ACJ 2782; Rs.30,000/- conventional heads; medical expenses Rs.7,26,000/- upheld). (iii) Interest reduced from 9% to 6% per annum from the date of petition till realization; six weeks granted to the insurance company to deposit. All appeals and the cross objection allowed in part.
