Smt Geetha B v. Sri Nandish S
Case brief
What is this about?
Enhancement of compensation in fatal motor vehicle accident claim; Karnataka High Court MFA (MV-D) under Section 173(1) MV Act; consortium of Rs.40,000/- to each of four legal heirs (wife, two sons, mother) with 10% escalation per Pranay Sethi (AIR 2017 SC 5157); 10% escalation on conventional heads — loss of estate and funeral expenses; rejection of insurer's multiplier plea based on deceased's age (41 years per Aadhar Card, multiplier 14 vs 15); interest at 6% per annum from date of petition; penal interest at 9% for default in deposit within six weeks; fixed deposit of minors' share; ACKO General Insurance Co. Ltd.; Tribunal award in MVC No.181/2021, Additional MACT Channapatna dated 20.11.2024; accident dated 03.01.2021; TVS Apache motorcycle KA-11-EJ-3087.
What did the court decide?
Appeal allowed-in-part. Enhanced compensation of Rs.1,39,000/- with interest at 6% per annum from the date of petition till realisation awarded to the appellants/claimants; respondent No.2/insurer to deposit the enhanced amount with interest before the Tribunal within six weeks, failing which interest at 9% per annum runs from the date of the order till payment; distribution of shares among claimants as determined by the Tribunal remains unaltered; claimant Nos.1 and 4 entitled to release of their shares; share of minor claimant Nos.2 and 3 to be kept in fixed deposit in a nationalised bank until they attain majority.