Sri.Shankar v. M/S Heavy Lifters of India Pvt. Ltd. and Anr.
Case brief
What is this about?
Karnataka HC MACT enhancement appeal — S.166 Motor Vehicles Act claim for motor-accident injuries (motorcycle struck by lorry); disability reassessed upward on unrebutted medical evidence (PWs.2–3); notional income fixed per Karnataka State Legal Services Authority chart; Tribunal's multiplier affirmed; medical-expenses award upheld; enhancement under pain and suffering, loss of amenities, and conveyance/nourishment/attendant's charges; laid-up loss recalculated; Judgment and Award modified, payable with 6% p.a. interest till realization; deposit and registry-return directions. Figures, dates, case number and all names illegible in source (font corruption).
What did the court decide?
Appeal allowed in part and the Tribunal's Judgment and Award modified (¶¶66–67): disability and notional income reassessed, loss of future income and laid-up loss recalculated, and compensation enhanced under pain and suffering, loss of amenities, and conveyance/nourishment/attendant's charges, while the medical-expenses award stands; the modified compensation is payable with interest at 6% per annum from the date of petition till realization, excluding interest for the delayed period in filing the appeal (¶¶68, 71); a portion of the enhanced compensation is to be kept in deposit in a nationalized bank in the claimant's name with periodic interest drawable, the Insurance Company is granted time to deposit the balance compensation, and the Registry is directed to return the records to the concerned Tribunal (¶¶71–74). All monetary figures are illegible in the source.