Smt S Sunila Kumari v. Reliance General Insurance Co. Ltd.
Case brief
What is this about?
MV Act fatal accident claim; rear-end collision; contributory negligence of deceased car driver; failure to maintain safe distance between vehicles; 80:20 liability apportionment; Nishan Singh v. Oriental Insurance Co. Ltd., AIR 2018 SC 2118 relied on; deduction of income tax and professional tax from income for loss of dependency; 1/4th personal expenses deduction for four claimants; 30% future prospects; multiplier 14 at age 43; consortium Rs.48,000/- each; loss of estate; funeral expenses with 20% escalation; interest 8% retained; compensation revised from Rs.76,91,072/- to Rs.61,71,365/-; MACT Bengaluru SCCH-8; MVC 5743/2013; MFA 5634/2015 (insurer) c/w MFA 8572/2015 (claimants); High Court of Karnataka, 2026.
What did the court decide?
Both appeals allowed in part. The impugned judgment and award dated 04.06.2015 in MVC No.5743/2013 is modified: the claimants are entitled to 80% of the total compensation of Rs.77,14,206/-, i.e., Rs.61,71,365/-, with interest at 8% per annum, as against Rs.76,91,072/- awarded by the Tribunal. The Insurance Company shall deposit the compensation with accrued interest before the Tribunal within six weeks of receipt of the certified copy of the judgment, after deducting any amount already deposited (any excess deposit may be withdrawn by it). The Tribunal's judgment and award with respect to apportionment, deposit and release remains unaltered; the Registry is to transmit the records along with the amount in deposit, and a modified award is to be drawn.