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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
D.K.SINGH, TARA VITASTA GANJU
Shriram GIC Ltd. – Appellant
Versus
Kamakshi W/o Late Harish M.K. – Respondent
JUDGMENT :
TARA VITASTA GANJU, J.
1. The present appeals have been filed impugning the Judgment and Award Dated 19.01.2018 in MVC No.758/2015 passed by the Motor Accidents Claims Tribunal at Mysuru [hereinafter referred as “the Impugned Judgment”]. By the Impugned Judgment, the claimants have been awarded the compensation in the sum of Rs.17,72,000/- along with interest at the rate of 7% p.a. from the date of filing of the petition till its realisation.
2. The challenge in MFA No.5857/2018 is by the Insurance Company. It is contended by the learned Counsel for the Insurance Company that despite the fact that the deceased was travelling in a goods vehicle as an unauthorised passenger, the Tribunal has not apportioned the liability amount towards contributory negligence against the deceased. While the challenge in MFA No.7564/2018 is on a limited ground. It is contended by the claimants that no amount has been awarded towards future prospects.
3. Briefly, the facts are, on 18.06.2014 at about 5.30 a.m. when two persons were travelling in a goods Autorickshaw with cattle in the vehicle and due to rash and negligent driving of the driver of the Autorickshaw, the Autorickshaw turned turtle
Compensation claims require evident substantiation of income and employment status to justify future prospects under motor accident claims; liability confirmed against insurance when deceased engaged....
The court reinforced that just compensation must be determined based on established income, future prospects, and the liability of the insurance company, irrespective of the driver's licensing status....
The court established that future prospects should be considered in compensation calculations, and the burden of proving contributory negligence rests on the party alleging it.
The court emphasized the principle of just and fair compensation under the Motor Vehicles Act, including considerations for future prospects and conventional heads.
Compensation under the Motor Vehicles Act must be just, fair, and reasonable, considering future prospects and qualifications of the deceased.
The main legal point established in the judgment is the reliance on oral testimony to determine the deceased's income and the application of established legal principles to modify the compensation am....
The court established that future prospects should be included in compensation calculations, and deductions for personal expenses should be adjusted based on the number of dependents.
The court ruled that contributory negligence could not be established without evidence, affirming that the deceased was not at fault, and upheld the claim for full compensation.
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