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IN THE HIGH COURT OF KARNATAKA AT KALABURAGI BENCH
MOHAMMAD NAWAZ, K.S.HEMALEKHA
Legal Manager, HDFC General Insurance Co. Ltd. – Appellant
Versus
Janabai W/o Late Maruti Jamadar – Respondent
JUDGMENT :
MOHAMMAD NAWAZ, J.
1. These two appeals arise out of the judgment and award dated 24.07.2024 passed by the Court of IV Additional Senior Civil Judge and MACT, at Kalaburagi in MVC.No.698/2017.
2. The appeals are taken up for final disposal, with the consent of the learned counsels appearing on either side.
3. The Tribunal has awarded a total compensation of Rs.21,00,500/- with future interest at the rate of 6% p.a. from the date of petition till realization, to the claimants, in respect of the death of one Maruti Jamadar in a road traffic accident, which took place on 10.11.2016 at about 08.30 p.m. near Guddamma Temple, at Bhoosnoor village, NSL Sugar Factory Cross.
4. Claimants are the wife, children and parents of the deceased.
5. The insurer has preferred MFA.No.201684/2025 challenging the liability and the claimants have preferred MFA.No.201605/2025 seeking enhancement of compensation.
6. It is contended by the learned counsel for the insurance company that as per spot mahazar and sketch map, the accident occurred on the right side of the road, towards Bhoosnoor village, where the deceased was proceeding and therefore, the accident was on account of his fault. He contended
Compensation awarded in wrongful death cases must adequately consider loss of consortium and responsibility determination based on available evidence.
Dependents of a deceased have the right to compensation, which should not be limited to financial dependency; appropriate deduction for claims must be aligned with legal standards and precedents.
The main legal point established in the judgment is the application of principles for determining compensation under various heads as per the Motor Vehicles Act, 1988 and relevant Supreme Court decis....
The main legal point established in the judgment is the entitlement of claimants to compensation for loss of dependency and consortium under the Motor Vehicles Act, emphasizing the need for just comp....
Motor vehicles Act is a beneficial legislation aimed at providing relief to the victims or their families, in cases of genuine claims. In case where a parent has lost their minor child, or unmarried ....
The court upheld the Tribunal's findings on negligence and compensation calculation, emphasizing the importance of established legal principles in assessing damages for loss of dependency.
The court clarified compensation principles under motor accident claims, emphasizing adjustments based on income, age, and judicial precedents for quantifying damages.
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