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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
ASHOK S.KINAGI
S.B. Pramilamma, S/o Late Shivarama Reddy – Appellant
Versus
Veeresh Kumbara S/o Somappa – Respondent
JUDGMENT :
ASHOK S. KINAGI, J.
This Miscellaneous First Appeal is filed under Section 173(1) of the MOTOR VEHICLES ACT , 1988 (hereinafter referred to as ‘M.V.Act, 1988” for short) by the petitioners, being dissatisfied with the quantum of compensation awarded by the Tribunal in the judgment and award dated 13.06.2016, passed in MVC No.314/2015 by the learned Motor Accidents Claim Tribunal-II, Ballari (hereinafter referred to as the ‘Tribunal’ for short).
2. Brief facts, leading rise to the filing of these appeals, are as follows:
On 24.12.2014, at about 5.00 p.m., the deceased Shivarama Reddy was proceeding on the bicycle from his village towards Rampur for getting the waste water. When he was proceeding near Rampura bus stand, the driver of the lorry bearing Reg.No.KA-01/AC-3458 came from Challakere side, in a rash and negligent manner, and dashed to the bicycle. Due to the said impact, the deceased fell and sustained grievous injuries. During treatment, he succumbed to the injuries. Thus, the legal representatives of the deceased Shivarama Reddy filed a claim petition under Section 166 of the M.V.Act seeking compensation.
3. The driver of the lorry filed a statement of objections d
The court ruled that in the absence of documented income, the notional income must be assessed according to established guidelines, affecting compensation calculations.
Liability under insurance policies is determined by the driver's qualifications; enhanced compensation should account for proper income assessment and dependant loss.
The court ruled that an expired driving license does not constitute a breach of insurance policy conditions, and deductions for personal expenses in compensation calculations should respect establish....
The court recalibrated compensation based on accurate age assessment and adherence to established principles regarding dependency and future prospects.
The main legal point established in the judgment is the application of guidelines for assessing compensation under the Motor Vehicles Act and the insurer's liability to pay compensation despite polic....
The main legal point established in the judgment is the calculation of compensation for road traffic accidents, including the assessment of notional income, loss of dependency, loss of consortium, fu....
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