Back
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
S. G. PANDIT, GEETHA K.B.
Divisional Manager Oriental Insurance Co. Ltd. – Appellant
Versus
Shantamma, W/o. Sakarappa Kuri – Respondent
JUDGMENT :
S. G. PANDIT, J
The above two appeals are directed against the judgment and award dated 24.08.2022 in MVC No.218/2016 passed by the II Addl. Senior Civil Judge and Additional MACT., Hubballi. Claimants are in appeal not being satisfied with the quantum of compensation and the insurer is in appeal questioning the pay and recovery ordered by the Tribunal and also questioning the quantum of compensation.
2. Heard learned counsel Sri.G.N.Raichur for appellant-insurer and learned counsel Sri.Anjaneya M. for respondent Nos.1 to 4 for claimants and perused the entire appeal papers including the trial Court records.
3. Claimants are wife and minor children of the deceased Sakarappa Kuri who died in a motor accident that took place on 29.05.2014 involving motorcycle bearing No.KA-25/EL-9850 and Tata Magic vehicle bearing No.KA- 26/A-1230. The claimants filed the present claim petition under Section 166 of the Motor Vehicles Act, claiming compensation for the accidental death of Sakarappa Kuri, the husband of the 1st claimant. It is stated that the deceased was working as Police Constable, drawing salary of Rs.25,000/- per month and was also earning Rs.5,000/- from agriculture and w
Court affirmed the reassessment of income for compensation and upheld 'pay and recovery' principle when the driver lacked a valid license, clarifying policy liability issues.
In cases of road traffic accidents, when the driver's license is invalid, the insurer is liable to pay compensation first and may recover it from the vehicle owner. Future prospects should be assesse....
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....
Insurer liable for compensation despite rider's lack of driving license, compensated amount adjusted based on proper income assessment.
Compensation under Motor Vehicles Act requires proper assessment of income, application of future prospect increases, and accurate deductions based on dependents' status.
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 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....
- As Tribunal has awarded, appellants–original claimants would be entitled to an additional amount as additional compensation with 9% interest per annum from date of filing of claim petition till its....
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
