M/S United India Insurance Company Ltd. v. Mr v Narsimhulu
Case brief
What is this about?
MFA No.8534 of 2024 (MV-D), High Court of Karnataka at Bengaluru, decided 02.04.2025 by Justice Pradeep Singh Yerur (oral judgment). United India Insurance Co. Ltd. (appellant; adv. Geetha Raj) v. V. Narsimhulu, V. Susheela, V. Saranraj (claimants/Respondents 1-3; adv. N.R. Rangegowda) and B. Suresh Babu (R-4; notice dispensed with). Insurer challenged the Tribunal's award in MVC No.972/2022 (IV Addl. Small Causes Judge & ACJM, Member, MACT, Bengaluru, SCCH-6) of Rs.25,53,000/- @6% p.a. for the road-traffic death of V. Jagadeesh as excessive. Held: notional income Rs.15,500/- p.m. (no proof of income; Legal Services Authority chart) and multiplier 17 affirmed; future prospects addition cut from 50% to 40% (deceased not a fixed income employee); 50% personal and living expenses deduction affirmed; loss of dependency Rs.22,13,400/-; loss of consortium Rs.1,45,200/- retained; loss of estate and funeral expenses reduced to Rs.15,000/- each plus 10% escalation, totalling Rs.33,000/-; total compensation reduced to Rs.23,91,600/- with 6% interest; appeal allowed in part. Keywords: S.173(1) MV Act; death claim; future prospects 40%; Legal Services Authority chart; multiplier 17; enhanced compensation reduced.