Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
C.M.JOSHI
Marli Poojarthy, W/O Late Manju Poojary – Appellant
Versus
Sudha S. Bhat, W/O Sadashiva Bhat – Respondent
JUDGMENT :
C M Joshi, J.
Heard learned counsel appearing for both the parties.
2. The present appeal arises out of the judgment and award in MVC No.412/2014, dated 17.01.2017 by the Senior Civil Judge And Member Additional M.A.C.T, Kundapura, whereby an award for a sum of Rs.5,42,690/- was made in favour of the petitioners. The appellants- claimants have approached this Court in MFA No.6685/2017 seeking enhancement and the Insurance Company has approached this Court in MFA.Crob.No.130/2018.
3. The factual aspects of the matter is that on 03.09.2008 at about 07.30 a.m., the deceased Manju Poojary was proceeding on his two wheeler from Uppunda Shala Bagilu side towards Ambagilu. A goods auto- rickshaw bearing Reg.No.KA-20-A-8463 owned by respondent No.1 and driven by her driver in a rash and negligent manner, dashed to the back side of the two wheeler of the deceased Manju Poojary resulting in his fall on the side of the road and he was shifted to K.M.C. Hospital, Manipal. While he was inpatient, he succumbed to the injuries. A case was registered against the driver of the auto-rickshaw by the concerned Police and ultimately a charge- sheet was filed against the driver of the auto- ricks
Legal representatives of a deceased are entitled to claim compensation whether or not fully dependent, and assessment of income for claims should follow established guidelines.
The court redefined the deceased's age for compensation calculation from 38 to 46 years and adjusted future earnings based on appropriate deductions, ultimately revising the compensation awarded by t....
Appellate courts can enhance compensation in motor accident claims even without a cross-appeal, where just compensation principles apply, considering established evidence of income and deductions.
The court emphasized the necessity of just compensation reflecting actual earnings and loss of dependency in motor accident claims.
The court determined compensation based on the deceased's age and income, emphasizing reliance on documentary evidence and established legal principles in motor vehicle accident claims.
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
