The Branch Manager v. N K Girish
Motor accident death claim – enhancement and insurer's challenge
Case brief
What is this about?
Death claim enhancement; MFA under S.173(1) Motor Vehicles Act 1988; MVC No.742/2015 and MVC No.743/2015, MACT Nagamangala; notional income Rs.9,000 p.m. per KSLSA guidelines; future prospects 40%; deduction 1/3rd personal expenses; multiplier 18; loss of dependency Rs.18,14,400; spousal and parental consortium Rs.40,000 each; conventional heads Rs.30,000; total compensation Rs.19,24,400 with 6% interest; no valid permit; policy violation; pay and recover from owner; fixed deposit for minor claimant; United India Insurance Co. Ltd.; N.K. Girish; Kishan N.G.; Shaheda Begum; Pranay Sethi; Sarla Verma; Magma General Insurance; Satinder Kaur; High Court of Karnataka 2025.
What did the court decide?
MFA No.8320/2016 and MFA No.4572/2017 partly allowed; judgment and award dated 06.08.2016 in MVC No.742/2015 modified: claimants entitled to total compensation of Rs.19,24,400/- (against Rs.13,33,050/- awarded by the Tribunal) with interest at 6% p.a. from the date of petition till realisation; insurer to deposit the balance within one month (50% already deposited) and thereafter recover the same from respondent No.1/owner of the offending vehicle; Rs.10,00,000/- of the deposit to be kept in Fixed Deposit in the name of minor claimant No.2 in a nationalised bank till majority; claimant No.1 permitted to withdraw the balance with accrued interest; statutory deposit before the High Court to be transferred to MACT. MFA No.8321/2016 partly allowed: insurer to deposit Rs.30,000/- as awarded and may withdraw/recover the same from the owner by due process of law.