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IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH
VIJAYKUMAR A.PATIL, S.SUNIL DUTT YADAV
Karnuakar S/o Shivaram Shetty – Appellant
Versus
Prabhakar S/o Shivaram Shetty – Respondent
JUDGMENT :
VIJAYKUMAR A. PATIL, J.
1. This appeal is filed by the appellants/claimants challenging the judgment and award dated 13.12.2017 passed in MVC No.1552/2015 by the learned MACT and II Additional District Judge, Belagavi (for short ‘Tribunal’).
2. Brief facts leading to filing of this appeal are that, on 03.06.2014, at around 01.15 p.m., the deceased-Usha along with the appellants were travelling in a Car bearing Reg.No.KA-22/P-9444 from Udupi to Belagavi after attending a marriage ceremony at Udupi. When the said vehicle reached near Nirmakki mushroom factory within the limits of Kadur village, Udupi taluk, the driver of the Car bearing Reg.No.KA-22/P-9444 driving in a rash and negligent manner, lost control over the vehicle and dashed to a tree causing an accident. Due to the impact of the said accident, the deceased-Usha sustained grievous injuries and succumbed to those injuries. It is also averred that due to the death of the deceased, the appellants suffered an irreparable loss and filed a claim petition under Section 166 of the Motor Vehicle Act, 1988 (for short, ‘MV Act’) seeking compensation.
3. Respondents No.1 and 2 entered appearance and submitted their objections
Financial dependency was established through evidence, necessitating a reassessment of compensation to account for the deceased's independent income and contributions to the family.
Court reiterates the need for accurate determination of dependency in compensation claims, factoring in future prospects and the inclusion of all legitimate dependents.
Legal representatives of the deceased have a right to apply for compensation, irrespective of their dependency on the deceased, and the emotional trauma suffered by the claimants due to the death of ....
Death in motor accident - A married daughter may be considered a legal representative but she will not be eligible for loss of dependency compensation unless it is proven by daughter that she was fin....
Death in motor accident – While awarding loss of dependency, future prospects and rise in income ought to have been considered.
The assessment of compensation under section 166 of the Motor Vehicles Act should consider the deceased's notional income and future prospects to place the dependents in the same position as they wou....
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