Back
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
S.Sunil Dutt Yadav, Vijaykumar A.Patil
Kasturi W/O Bhimappa Teli – Appellant
Versus
Depot Manager, N.W.K.R.T.C. – Respondent
JUDGMENT :
VIJAYKUMAR A.PATIL, J.
The above appeals are directed against judgment and award dated 27.05.2017 passed in MVC No.255/2016 and judgment and award dated 31.05.2017 passed in MVC No.261/2016 on the file of learned Prl. Senior Civil Judge and Member, MACT-V, Jamkhandi, [For short ‘Tribunal’]
2. MFA No.102933/2017 & MFA No.102934/2017 are filed by the claimants seeking enhancement of compensation, whereas MFA Nos.103192/2017 & 103193/2017 are filed by the NWKRTC, [For short ‘Corporation’] challenging the contributory negligence as well as liability fastened on the Corporation.
3. Brief facts of the case leading to filing of these appeals are that, on 22.11.2015 at about 7.30 p.m., the deceased Irappa was proceeding on his motorcycle bearing reg.No.KA-25/EF-6318 along with injured-Kasturi towards Jamkhandi. When they came near Hulyal cross in front of Vidya Bhavan on Jamkhandi-Mudhol road, at that time, driver of NWKRTC bus bearing registration No.KA-29/F-1220 came in a rash and negligent manner from opposite direction with high speed and dashed against the motorcycle of the deceased Irappa. Due to the said impact, the deceased Irappa and injured-Kasturi sustained grievous inj
Court upheld negligence by corporation's bus driver, modified total compensation for claimants to Rs.23,18,290, emphasizing proper income assessment and entitlement to conventional damages.
The court modified the compensation amount awarded for loss of dependency in a fatal accident, emphasizing the need for proper assessment of future prospects and rejecting claims of contributory negl....
Court found contributory negligence with 90% liability on the Corporation and 10% on the deceased, modifying compensation to Rs.44,06,000 due to errors in calculating liability and conventional heads....
Negligence in road accidents determined liability resting on the vehicle driver; enhanced compensation calculated based on updated notional income and established legal principles.
The court emphasized that the bus driver's negligence led to the accident, warranting an enhancement of compensation based on the claimant's permanent disability and lost earnings.
The court held that the personal expenses deduction should be 1/4th for five dependants and reassessed the income of the deceased to Rs.10,250/- p.m. based on prevailing norms.
The court ruled that negligence was proven in a motor vehicle accident, requiring compensation to reflect just and fair standards, resulting in an increased award from the Tribunal.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
