Sri. Manju v. D.R. Lokesh Shetty
Motor Vehicles Act, 1988 – S.173(1) – Enhancement of compensation
Case brief
What is this about?
MFA No. 4963 of 2013 (MV-I), High Court of Karnataka (P Sree Sudha, J.) – enhancement of motor-accident compensation under S.173(1) MV Act against award of Additional MACT, Mysore; notional income Rs.6,500/- p.m. per KSLSA chart (2011 accident, claimant aged 33, mason, no income proof); one simple and two grievous injuries (fractures – right lateral malleolus/lower end of fibula, left second metatarsal); eight days hospitalisation; heads awarded – pain and suffering Rs.40,000, medical expenses Rs.44,100, transportation/nourishment/attendant Rs.15,000, loss of amenities Rs.20,000, laid-up loss Rs.13,000; total enhanced to Rs.1,32,100 with 6% interest; National Insurance Co. Ltd. to deposit differential Rs.22,100 within one month.
What did the court decide?
Appeal allowed in part; judgment and award dated 23.04.2012 in MVC No.1336/2011 modified; compensation enhanced from Rs.1,10,000/- to Rs.1,32,100/- with interest at 6% p.a. from the date of petition till realization; respondent No.2/Insurance Company directed to deposit the enhanced amount of Rs.22,100/- with interest within one month, after which the claimant may withdraw the entire amount with accrued interest.