Jeevan D N v. Dinesh K R
Case brief
What is this about?
Karnataka HC Bengaluru; MFA No.4815 of 2024 (MV-I); Section 173(1) Motor Vehicles Act 1988; enhancement of compensation; MVC No.100/2021, Prl. Senior Civil Judge & CJM, Member Additional MACT Hassan; accident 16.04.2020; fracture both bones left leg; 20% permanent physical disability left lower limb; functional disability 1/3rd = 7% below 10%; Master Mallikarjuna vs Divisional Manager National Insurance Co. Ltd., LAWS SCC 2013 (8) (65); loss of future income due to disability Rs.1,00,000 without multiplier method upheld; 156 days inpatient Ex.P12; nourishment/attendant Rs.40,000; pain and suffering Rs.60,000; loss of amenities Rs.30,000; medical expenses Rs.95,000 confirmed; total Rs.3,25,000 @ 6% p.a.; enhanced deposit Rs.38,800 within one month; withdrawal by father; no interest for 199 days delay (order 13.11.2025); National Insurance Co. Ltd.; Judge P Sree Sudha.
What did the court decide?
Appeal allowed in part; judgment and award dated 03.10.2023 in MVC No.100/2021 modified - total compensation enhanced to Rs.3,25,000/- with interest at 6% p.a. from the date of petition till realisation (instead of Rs.2,86,200/- granted by the Tribunal); Respondent No.2 directed to deposit the enhanced compensation of Rs.38,800/- with interest at 6% p.a. within one month, on which deposit the father of the appellant is permitted to withdraw the entire amount with accrued interest (having regard to huge medical expenses incurred); no interest payable for the 199-day delay in filing the appeal