Nagesh S/O Narasappa v. Javed and Anr.
Case brief
What is this about?
High Court of Karnataka; two appeals against Tribunal (Kolar) judgment and award in an accident compensation claim; injuries: fracture of right femur; disability assessed to whole body; no income proof - notional income per Karnataka State Legal Services Authority guidelines; enhancement granted for pain and suffering, loss of amenities, transportation/extra nourishment/attendant charges and loss of income during laid-up period; medical expenses and disability finding upheld; insurer's plea of no driving licence / policy violation; Respondent No. 2 insurance company to deposit with interest within eight weeks and recover from vehicle owner (pay-and-recover style direction); amounts, dates, case numbers and precedent illegible due to encoding corruption.
What did the court decide?
Award of the Tribunal modified: enhancement granted under the heads of pain and suffering, loss of amenities, transportation/extra nourishment/attendant charges, and loss of income during the laid-up period; the Tribunal's findings on disability and medical expenses left undisturbed. Respondent No. 2 (insurance company) directed to deposit the awarded amount with interest within eight weeks and permitted to recover it from the owner of the vehicle; claimant permitted to withdraw the entire deposited amount with accrued interest. All monetary figures are not legible in the source.