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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.G.PANDIT, K.V.ARAVIND
Girija Dogu W/o Late Dogu Harijana – Appellant
Versus
Sandeep Poojary S/o Late Shekara Poojari – Respondent
| Table of Content |
|---|
| 1. claims for compensation under motor vehicles act (Para 1 , 2 , 3) |
| 2. tribunal award breakdown and assessments (Para 4) |
| 3. competing arguments on income assessment (Para 5 , 6 , 7) |
| 4. reassessment of compensation based on notional income (Para 8 , 9 , 10) |
| 5. final compensation order and allocation (Para 11) |
JUDGMENT :
S.G. PANDIT, J.
1. The appellants/claimants - mother, sisters and brother of the deceased-Ramesh are in appeal not being satisfied with the quantum of compensation awarded under the judgment and award dated 13.02.2023 in M.V.C. No.220/2022 on the file of Senior Civil Judge and ACJM at Karkala, Udupi District, Tribunal, with a prayer for enhancement of compensation.
2. The accident that took place on 13.10.2020 involving Honda Activa two wheeler bearing No.KA-20-EK-4163 and the accidental death of Ramesh are not in dispute in this appeal.
3. The claimants filed claim petition under Section 166 of the Motor Vehicles Act, 1988, M.V. Act, claiming compensation for the accidental death of Ramesh in a road traffic accident, on the ground that they were totally dependent on him. It is stated that he was aged 26 years as on the date of accident and was earning a sum
The inability to provide evidence for actual income necessitates the adoption of notional income as per statutory guidelines for calculating compensation in fatal accidents.
The main legal point established in the judgment is the determination of compensation in motor accident claims, considering the income of the deceased, number of dependents, and applicable legal prec....
Determination of compensation for wrongful death must utilize notional income when actual income is unproven and it should reflect the loss suffered by claimants, including appropriate filial consort....
Compensation under Motor Vehicles Act requires proper assessment of income, application of future prospect increases, and accurate deductions based on dependents' status.
The court established that notional income for compensation should reflect prevailing rates, leading to an enhancement of total compensation awarded.
Compensation for death in motor vehicle accidents must be fair and based on actual income and future prospects, not merely nominal figures.
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