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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
T.M. NADAF
Shivamma W/o Late Nagaraja B. – Appellant
Versus
Janani Tours & Resorts Pvt. Ltd. – Respondent
JUDGMENT :
T.M. NADAF, J.
1. These two appeals are listed for Admission, with the consent of both parties, the same are taken up for final disposal.
2. These two appeals are filed against the judgment and award dated 23.01.2019 passed in MVC No.1187/2017, by the Senior Civil Judge and MACT Malavali. MFA No.3259/2019 is filed by the claimants seeking for an enhancement and MFA No.4321/2019 is by the insurance company on liability, as well as on quantum.
3. The parties will be referred to as per their ranking before the Court below for easy reference.
4. The brief outline of the facts leading to filing of these appeals are as under:
In a road traffic accident occurred on 07.06.2017 at about 3.00 p.m., in front of KSRTC bus stand at Halaguru, the husband of the claimant No.1 and father of claimant Nos.2 and 3 and son of claimant no.4 by name B. Nagaraja, who was proceeding on a TVD XL Moped bearing No.KA-11-EA-8995 from Malavalli towards Halaguru on the left side of NH 209 main road, was hit by the driver of Chavrolet Tavera Car Bearing No.KA 01 AD 1218, who as driving the car in a rash and negligent manner dashed from the hind side and dragged the rider as well as the moped upto some dist
Compensation awarded under the Motor Vehicles Act must reflect just compensation for losses, including reliance on established principles regarding earnings and pensions without deductions for pensio....
Compensation awarded must align with established case law, ensuring fair calculations for loss of dependency and applicable deductions.
Family pension cannot be deducted from the deceased's income when calculating compensation for wrongful death in motor accident claims.
The sufficiency of evidence and the principles of compensation for loss of dependency were central to the court's decision.
Contributory negligence affects compensation entitlements, with adjustments based on prior rulings and present circumstances.
Compensation for wrongful death under the Motor Vehicles Act must not deduct pension or insurance benefits; claimants are also entitled to future prospects enhancement regardless of the deceased's ag....
The court determined compensation based on established precedents and recalculated heads of claims in motor accident compensation cases.
The court established that notional income for compensation should reflect prevailing rates, leading to an enhancement of total compensation awarded.
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