Case brief
What is this about?
Enhancement of compensation; MFA (MV-D) u/S 173(1) MV Act; High Court of Karnataka (C.M. Poonacha J.); multiplier based on age of deceased not claimant-mother; multiplier '18'; notional income `6,500/- per month absent proof of income; 40% future prospects – National Insurance Company Ltd v. Pranay Sethi ((2017) 16 SCC 680); 1/2 deduction for bachelor; loss of dependency `9,82,800/-; loss of consortium with 20% escalation – Magma General Insurance Co v. Nanu Ram ((2018) 18 SCC 130); loss of love and affection set aside; conventional heads escalated 20%; interest denied for 1389 days' delay; deposit within six weeks by United India Insurance Co Ltd; MVC No.106/2012, MACT-10 Tumkur; accident dated 30.12.2011; deceased aged 18.
What did the court decide?
Appeal allowed in part; the Tribunal's judgment and award dated 26.03.2013 in MVC No.106/2012 modified to the extent ordered (otherwise unaltered). Appellant/claimant entitled to further compensation of `7,66,800/- with interest at 6% per annum from the date of petition till realization, except for the delayed period of 1389 days, in addition to the compensation awarded by the Tribunal; Respondent No.2 insurer to deposit the enhanced compensation with accrued interest within six weeks, to be disbursed to the claimant per the Tribunal's judgment; Registry to draw the modified award; records to be transmitted to the Tribunal; no costs.