Vikram S/O Pandurang v. Mohan and Ors.
Motor Accidents – Enhancement of compensation
Case brief
What is this about?
Enhancement of motor accident compensation; minor claimant (aged 15) with fracture of left clavicle; structured formula in Master Mallikarjun, AIR 2014 SC 736; first slab Rs.1,00,000/- for disability up to 10%; non-examination of doctor not fatal where wound certificate and medical bills corroborate; medical expenses Rs.25,000/- upheld; total compensation enhanced from Rs.55,000/- to Rs.1,25,000/- with 6% per annum interest; MFA No.201745 of 2019 under S.173(1) MV Act; High Court of Karnataka, Kalaburagi Bench.
What did the court decide?
Appeal allowed in part: impugned judgment and award dated 01.07.2015 in MVC No.672/2011 modified; claimant held entitled to total compensation of Rs.1,25,000/- (as against Rs.55,000/- awarded by the Tribunal) with interest at 6% per annum from date of petition till deposit; respondent-insurer directed to deposit the amount before the Tribunal within six weeks; on deposit, the entire amount ordered to be released to the claimant, who has since attained majority.