The Managing Director v. Altaf S/O Hazarathali Pattegoudar
Motor Vehicles Act, 1988 – S.173(1) – Enhancement of compensation
Case brief
What is this about?
Enhancement of motor accident compensation (MFA 173(1) MV Act): rider and pillion rider injured on 14.06.2006 in collision between motorcycle KA-27/5469 and KSRTC bus KA-25/F-1392; KSRTC bus driver held wholly rash and negligent on documentary evidence (FIR, complaint, spot mahazar, IMV report, charge sheet); KSRTC appeals dismissed; functional disability raised to 20%; notional income Rs.3,750/- p.m. for 2006; multipliers 17 and 18 applied; awards enhanced to Rs.2,74,818/- and Rs.2,92,565/- with 6% p.a. interest; no interest for 2219 days' delay in filing appeals; deposit within eight weeks.
What did the court decide?
Appeals MFA No.21316/2011 and MFA No.21317/2011 filed by KSRTC dismissed; appeals MFA No.100787/2017 and MFA No.100788/2017 filed by claimants allowed in part; judgment and award dated 02.11.2010 in MVC No.412/2007 and MVC No.413/2007 modified; claimant in MFA No.100787/2017 entitled to Rs.2,74,818/- and claimant in MFA No.100788/2017 entitled to Rs.2,92,565/-, each with interest at 6% p.a. from date of filing of petition till realisation but without interest for the delayed period of 2219 days in filing each appeal; KSRTC directed to deposit the amount within eight weeks from receipt of a copy of the judgment; trial Court records to be sent back with a copy of the judgment; amount in deposit, if any, to be transmitted to the concerned tribunal for disbursement; no order as to costs; modified award to be drawn.