Venkatesh K v. Dhanasekaran D
Case brief
What is this about?
The High Court of Karnataka partly allowed an appeal under Section 173(1) of the Motor Vehicles Act seeking enhancement of compensation awarded by the MACT for injuries sustained in a road accident. The Tribunal had fastened liability on the owner-driver rather than ordering the insurer to pay and recover. The Court held that as the claimant is a third party, the insurer must pay the assessed compensation and recover from the owner. It recalculated disability at 13% (one-third of 39.1% limb disability) for loss of future income, raising it from Rs.2,88,000 to Rs.3,74,400, and increased laid-up period income from two to three months (Rs.45,000 vs Rs.30,000). The Court awarded an additional Rs.1,01,400 with 6% interest, directed the insurer to deposit the total within six weeks, and permitte
What did the court decide?
Enhanced compensation of Rs.1,01,400 with interest @ 6% p.a. from date of petition till realization; insurer to deposit Tribunal award plus enhancement within six weeks and may recover from owner via execution.