Smt Shobha v. Sri T a Ramachandra
Case brief
What is this about?
MVC No.4/2016, Prl. District Judge & MACT Madikeri (Kodagu); Section 163A MV Act claim; fatal motorcycle-Tata Indica collision, 2015; death of Surendra; abated charge sheet against motorcycle rider; self-fall; defence of victim's negligence not open under Section 163A; insurer Cholamandalam M.S. GIC Ltd. appeal under S.173(1) MV Act; claimants' enhancement cross-objection under Order 41 Rule 22 dismissed; award reduced from Rs.5,23,339/- to Rs.4,57,839/- (loss of dependency Rs.4,53,339/- + funeral Rs.2,000/- + loss of estate Rs.2,500/-); 9% interest retained; Ningamma (2009 ACJ 2020) referred; United India Insurance Co. v. Sunil Kumar (2018 ACJ 1) relied on; deposit of Rs.3,00,000/- and balance deposit within one month; transfer of deposit to MACT.
What did the court decide?
MFA No.7765/2017 partly allowed and the judgment and award dated 2.8.2017 in M.V.C.No.4/2016 modified: compensation fixed at Rs.4,57,839/- with 9% interest; the insurance company, having already deposited Rs.3,00,000/-, directed to deposit the balance with interest within one month; claimants permitted to withdraw the entire amount with accrued interest as per the Tribunal's apportionment; amount in deposit to be transferred to MACT; MFA.CROB No.64/2021 (claimants' enhancement cross-objection) dismissed.