The deceased, Damodara Gatty, died in a road accident on 02.02.2016 when a tipper lorry (KA-19-B-5378) taking a U-turn dashed the Honda Activa on which he was a pillion rider. The Motor Accident Claims Tribunal awarded Rs.12,92,000 with 6% interest. The insurer of the tipper lorry (Oriental Insurance) appealed, arguing triple riding violated Section 128 MV Act and that liability should fall on the Activa's insurer (Reliance General). The claimants cross-appealed for enhancement, contending the deceased earned Rs.15,000/month as a helper at New Tyres India, Suratkal, proved by salary slips and PW-3's evidence, but the Tribunal considered only Rs.9,000.
The High Court upheld the Tribunal's negligence finding: RW-1 admitted the accident occurred during a sudden U-turn, corroborated by PW-2. Since the tipper lorry's negligence was established, fixing liability on its insurer was correct; the plea to shift liability to the Activa's insurer failed.
On quantum, the Court relied on Rajwati @ Rajjo v. United India Insurance Co. Ltd. (SC, 09.12.2022) and KSRTC v. K.S. Pavithra (Karnataka HC, 04.06.2026), holding that a salary certificate/slip is sufficient to prove income without further corroboration. The Tribunal erred in not accepting the proved Rs.15,000/month. Recomputing dependency at Rs.15,000 × 12 + 25% − 1/3rd × 13 years yielded Rs.19,50,000. Adding medical/incidental expenses (Rs.20,000), loss of consortium (Rs.80,000), loss of estate (Rs.15,000), funeral/transport (Rs.15,000), and loss of love/affection (Rs.50,000) gave Rs.21,30,000. The Court enhanced the award by Rs.8,38,000 with 6% interest from the date of filing the appeal, dismissed MFA 2188/2020, and allowed MFA 3972/2020 in part.
