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IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
H.P.SANDESH, T.M.NADAF
Divisional Manager, Reliance General Insurance Company Limited – Appellant
Versus
Avinash, S/o. Budhappa waghmare – Respondent
| Table of Content |
|---|
| 1. accident details and circumstances leading to the claim. (Para 3) |
| 2. dispute regarding the deceased's age and delay in lodging complaints. (Para 5 , 6 , 7) |
| 3. assessment of the tribunal's findings and issues for appeal. (Para 9 , 10 , 11) |
| 4. modification of tribunal's award based on recalculated multiplier. (Para 12 , 13) |
| 5. final ruling and adjustment of compensation. (Para 14) |
JUDGMENT :
Heard the learned counsel for the appellant/Insurance Company and also counsel appearing for the claimants/respondent Nos.1 and 2.
3. The factual matrix of the case of claimants before the Tribunal that on 01.06.2023, their mother Deepali W/o Budhappa Waghmare was proceeding as a pillion rider along with her relative – respondent No.1 in a motorcycle. When they returning near Mahila Hospital, Mangalvedha Huljanti road, respondent No.1 rode the motorcycle in rash and negligent manner and dashed against the buffalo, due to which deceased Deepali fell down and sustained grievous injuries on her head. At the first instance, she was taken to the hospital to Mahila Hospital, Mangalvedha and thereafter she was taken to CNS Hospital, Solapur for higher treatment. Due to accidental injuries, s
Court clarified the appropriate multiplier for calculating compensation and addressed issues of age and delay in filing, impacting the final award.
Point of Law : Tribunal has committed no error in applying multiplier considering age of the deceased and not considering age of claimants and submitted that the appeal be dismissed.
Insurance Company remains liable for compensation despite the rider's lack of a valid driving license; compensation must account for future prospects and personal expenses.
The court reaffirmed that evidence of actual losses and circumstances surrounding accidents are critical in determining compensation amounts, overriding insurer's claims of foul play without substant....
Tribunal has correctly held the age of the deceased to be 43 years and therefore correctly applied the multiplier 14.
The court established that delay in filing a complaint does not automatically invalidate a claim, and proper income assessment must be conducted for compensation calculation.
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