Sri S Gaviyaiah @ Govindaraj v. Mahaboob Pasha
Case brief
What is this about?
Enhancement of motor-accident compensation, MFA No.1954/2018 (MV-D), High Court of Karnataka: death of rider Manjunath (04.07.2015) in collision of motorcycle KA-40-U-1242 with lorry KA-53-535 and bus KA-43-7295; claim by father and brother in MVC No.3358/2015, MACT XVI, Bengaluru; Tribunal's no-dependency finding (A.Manavalagan, ILR 2004 KAR 3268) held erroneous; notional income Rs.9,000/- p.m. per KSLSA chart; 40% future prospects; 50% personal deduction per Pranay Sethi (2017 (16) SCC 680) and Sarla Varma (2009 (6) SCC 121); consortium, estate and funeral heads recalculated with 20% escalation; total enhanced to Rs.14,17,200/- at 9% interest (per Bimal Gogai v. MD, BMTC); deposit liability split between respondent No.1 and insurer (National Insurance Co. Ltd.).
What did the court decide?
Appeal allowed in part: impugned judgment and award dated 28.09.2017 modified; appellants-claimants entitled to total compensation of Rs.14,17,200/- (against Rs.4,28,000/-), carrying interest at 9% p.a. from the date of petition till realisation; respondent No.1 to pay 50% of the enhanced compensation and respondent No.3 the remaining 50%, to be deposited with the Tribunal within six weeks of receipt of certified copy; appellants Nos.1 and 2 entitled 50% each; Tribunal to release 50% of deposited amount and invest the remaining 50% in a Fixed Deposit in a Nationalised/Scheduled Bank for three years; Registry to transmit records and modified award to be drawn.