Smt. Narasamma v. Cholamandalam Ms General Ins.Co.Ltd.
Case brief
What is this about?
The High Court of Karnataka partly allowed an appeal under Section 173(1) of the Motor Vehicles Act, enhancing compensation awarded by the MACT for the death of a 56-year-old in a 2023 road accident. The Court recalculated loss of dependency using the correct notional income of Rs.16,250 per month and applied the 20% escalation rate mandated by the Supreme Court in National Insurance Co. v. Pranay Sethi (2017) for consortium, loss of estate and funeral expenses. The total compensation was increased from Rs.17,46,345 to Rs.17,87,620, with interest at 6% per annum from the date of petition. The insurer was directed to deposit the enhanced amount within six weeks.
What did the court decide?
Enhanced compensation of Rs.41,275 with interest at 6% per annum from the date of petition till realisation; insurer to deposit within six weeks; no interest for 509-day delay in filing appeal; release of amount in ratio 50:25:25.