The National Insurance Company Ltd. v. Deepa Shetty
Motor Vehicles Act, 1988 – S.173(1) – Insurer's appeal for reduction of compensation
Case brief
What is this about?
MFA No. 3614 of 2016 (MV-D), High Court of Karnataka, P Sree Sudha J, 17.06.2026 — insurer's appeal reducing MACT-III Mangaluru award from Rs.14,30,250/- to Rs.9,11,600/- (6% interest); notional income Rs.4,000/- p.m. (KSLSA chart), multiplier 17, 40% future prospects, 1/3 personal expenses, spousal/filial consortium Rs.40,000/- each, conventional heads Rs.30,000/-; negligence re-apportioned 50:50 between tipper lorry KA-19A-4818 and jeep CRX-1160 drivers; recovery of 50% from jeep's owner/insurer. Relies on Pranay Sethi, Sarla Verma, Magma General Insurance.
What did the court decide?
Appeal allowed in part; judgment and award dated 08.02.2016 in MVC No.648/2010 modified: compensation reduced to Rs.9,11,600/- with interest at 6% p.a. from the date of petition till realization (instead of Rs.14,30,250/-). Respondent No.2/Insurance Company directed to deposit the entire compensation with liberty to recover 50% from the owner and insurer of the jeep bearing No.CRX-1160; claimants permitted to withdraw the approximately Rs.10,00,000/- already deposited equally, with any excess refundable to the appellant; amount in deposit to be transferred to the Tribunal and records sent back.