Shri. Mukesh. G. M. v. Rekha. M
Case brief
What is this about?
Enhancement of motor accident compensation; Section 173(1) Motor Vehicles Act 1988; MFA 1640/2024 (MV-I); Karnataka High Court Bengaluru; P Sree Sudha J.; MVC No.7591/2019, MACT/SCCH-18 Court of Small Causes Bengaluru; accident 29.05.2019; facial injuries - zygomatic maxillary complex fracture, orbital rim fracture, frontal bone depressed comminuted-type fracture noted in Ex.P4 wound certificate; eight days hospitalization; laid-up period loss of income Rs.14,000/- per month x 4 months; ESI reimbursement barring separate medical expenses head; interest 6% per annum from date of petition; no driving licence - pay and recovery, insurer to recover from owner of offending vehicle; ICICI Lombard General Insurance Co. Ltd.; claimant-appellant Mukesh G.M.; enhanced compensation Rs.62,000/- on total Rs.1,86,000/-.
What did the court decide?
Appeal allowed in part; Tribunal's award modified. Claimant entitled to enhanced compensation of Rs.62,000/- (Rs.1,86,000/- minus Rs.1,24,000/-) with interest at 6% per annum from date of petition till realization; Insurance Company (which already deposited the awarded amount) to deposit the enhanced sum within one month; on deposit, claimant permitted to withdraw the entire amount with accrued interest; insurer at liberty to recover from the owner of the offending vehicle (pay and recovery, no driving licence case).