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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
S.G.PANDIT, GEETHA K.B.
Renuka W/o Basappa Bailapur – Appellant
Versus
Rayappa T.C. S/o Channigarayappa Sheety – Respondent
JUDGMENT :
S.G. PANDIT, J.
1. Both the claimants and insurer are in appeal against the judgment and award dated 02.07.2020, in MVC No.329/2017, on the file of Senior Civil Judge and Additional MACT, Koppal.
2. The claimants are in appeal claiming enhancement of compensation not being satisfied with the compensation awarded by the Tribunal, whereas the insurer is in appeal against the non consideration of contributory negligence as well as on the ground of quantum of compensation.
3. The claimants-wife and children of deceased Basappa filed claim petition under section 166 of the M.V. Act, 1988, claiming compensation for the accidental death of said Basappa Bailakur, in a road traffic accident that took place on 09.09.2016, involving motorcycle bearing registration No.CKW-5376 and Canter lorry bearing registration No.KA-03/AD-1059.
4. It is stated that the deceased was working as Driver cum Conductor in Bengaluru Metropolitan Transport Corporation (BMTC) and was earning a salary of Rs.20,011/- as on the date of accident. Further, it is stated that the deceased was aged about 32 years.
5. On issuance of notice, respondents No.1 and 2 did not appear before the Tribunal, respondent No.3 appe
The court affirmed that compensation should account for future prospects with a 50% addition for a permanent employee and rejected claims of contributory negligence due to insufficient evidence.
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.
Contributory negligence cannot be assumed solely based on the absence of a driving license; clear evidence of negligence is required to establish liability.
Contributory negligence and compensation assessment in motor accident claims were affirmed, with the court highlighting the importance of valid driving documentation in determining liability.
The court affirmed the validity of awarding compensation under the Motor Vehicles Act, adjusting income and future prospects, while rejecting insurer's claims of contributory negligence and liability....
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