The Manager v. Musaddiqa Sulthana Afsari
Case brief
What is this about?
MFA MV-I Karnataka High Court; S.173(1) MV Act; MACT Bengaluru SCCH-13; MVC 2747/2021, 2748/2021, 2749/2021; contributory negligence 75:25; parked goods vehicle; car KA-04-ME 8166; Binny Mill Road Cottonpet; accident 30.11.2019; FIR; charge sheet IPC Sections 279 338 283; enhancement of compensation; facial fractures zygomatic arch coronoid; blindness left eye 90%; functional disability 75%; loss of future earnings Rs.28,22,400; global compensation; loss of amenities; attendant charges; loss of income during laid up period; interest 6% per annum; Future Generali India Insurance (insurer of car); HDFC ERGO GIC (insurer of goods vehicle); payment within eight weeks.
What did the court decide?
MFA No. 7461/2023 allowed in part: MVC No.2747/2021 award modified to a total of Rs.2,83,131/- (including enhanced compensation of Rs.1,52,000/-) with interest at 6% per annum. MFA No. 7464/2023 allowed in part: enhanced compensation of Rs.1,00,000/- with interest at 6% per annum granted in MVC No.2748/2021. MFAs Nos. 7538/2023, 7491/2023, 7494/2023 and 7465/2023 dismissed. The Insurer of the Car to pay the enhanced compensation and the Tribunal-awarded compensation within eight weeks.