The Manager v. Sri Syed Sadath
Motor Vehicles Act, 1988 – S.173(1) – fatal accident 27.03.2022
Case brief
What is this about?
MFA 1449/2024 c/w 3789/2024 (MV-D), High Court of Karnataka, 21.04.2026, P Sree Sudha J, against award in MVC 315/2022 (I Addl. Senior Civil Judge & JMFC, MACT, Chikkamagaluru). Fatal accident 27.03.2022; pillion rider's non-wearing of helmet does not constitute contributory negligence; notional income Rs.15,500/- p.m. (KSLSA chart), multiplier 16, 40% future prospects; compensation reduced from Rs.32,49,000/- to Rs.29,42,600/- with 6% interest; no interest on future prospects (cf. Nasima Begum Vs. Keramat Ali, Gauhati HC); Reliance General Insurance (appellant) vs claimants and IFFCO Tokio; Section 173(1) Motor Vehicles Act, 1988.
What did the court decide?
MFA No.1449/2024 (insurer's appeal) allowed in part: compensation reduced from Rs.32,49,000/- to Rs.29,42,600/- with interest at 6% p.a.; petitioners not entitled to interest on future prospects; contributory-negligence plea rejected. MFA No.3789/2024 (claimants' enhancement appeal) dismissed. Insurance company directed to deposit Rs.29,42,600/- with 6% p.a. interest within one month; Rs.7,00,000/- each to be kept in fixed deposits in a nationalized bank for petitioner Nos.2 and 3 until majority; petitioner No.1 entitled to withdraw the balance with accrued interest; amount in deposit to be transferred to MACT.