Case brief
What is this about?
Karnataka HC MFA 2026; KSRTC bus KA-18/F-0788 accident death of home maker; contributory negligence 50%/50% based on Ex.P4 mahazar and Ex.P5 sketch tyre/brake marks; Aadhar card admitted as additional evidence under Order 41 Rule 27 CPC to fix age at 50 (rejecting PM report age 45); Shishu Pal @ Shish Ram v. Surjeet (2026 INSC 634) applied – Rs.30,000/month notional income for loss of domestic care; 10% future prospects; multiplier 13; 1/3 deduction; consortium Rs.40,000 each to daughter and husband; recomputed total Rs.35,42,000; 50% liability Rs.17,71,000 less interim Rs.50,000; net Rs.17,21,000 with 6% interest; enhancement Rs.2,61,000; no interest for 210-day delay; 9% interest on failure to deposit within six weeks.
What did the court decide?
Both appeals allowed in part. Claimants granted enhanced compensation of Rs.2,61,000/- with interest @ 6% p.a. from the date of petition till realisation; no interest for the 210-day delay in filing the appeal. Corporation to deposit the enhanced compensation with interest before the Tribunal within six weeks, failing which interest @ 9% p.a. from the date of judgment till deposit; claimants entitled to release of the entire enhanced compensation with interest; amount in deposit ordered to be transmitted to the Tribunal.