Smt. Flavia Noronha @ Flavy v. National Insurance Co. Ltd.
Case brief
What is this about?
Karnataka HC DB (D K Singh; Venkatesh Naik T – per) 06.08.2025, MFA 9513/2018 (MV-D) u/s 173(1) MV Act: enhancement allowed-in-part over MACT D.K. Mangaluru award (MVC 466/2017, 06.08.2018) for death of 57-year-old mechanic Ronald Frederick Noronha killed 09.01.2017 by rash/negligent driving of Innova KA-19AB-6003. Income cut to Rs.64,770 pm (R.O 381 x Rs.170 avg R.O value on 09.01.2017) from Rs.67,788; 1/3 personal-expense deduction (not 2/3; 4 dependants); multiplier 9 (age 57) not 5; dependency Rs.46,63,440 (43,180 x 12 x 9). Conventional heads per Magma General Insurance v Nanu Ram (2018) 18 SCC 130 and National Insurance v Pranay Sethi 2017(16) SCC 680: consortium Rs.40,000 x 4 = Rs.1,60,000; estate Rs.15,000; funeral Rs.15,000. Total Rs.48,53,440 vs Rs.14,25,760; enhanced Rs.34,27,680 @ 6% p.a.; deposit in six weeks; apportionment per Tribunal award.
What did the court decide?
Appeal allowed in part: total compensation fixed at Rs.48,53,440/- (against Rs.14,25,760/- awarded by the Tribunal); Respondent Insurance Company directed to deposit the additional compensation of Rs.34,27,680/- with interest at 6% per annum (from date of filing of claim petition till realisation) within six weeks of receipt of a copy of the judgment; apportionment, disbursement and deposit of the enhanced compensation in terms of the Tribunal's award; modified award to be drawn; no order as to costs.