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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
S.G.PANDIT, GEETHA K.B.
Noor Jhon Begum W/o Late Mallik Sab – Appellant
Versus
Mohamed Imtiyaz S/o Mohamed Kassim Sab – Respondent
JUDGMENT :
(PER: THE HON'BLE MR. JUSTICE S G PANDIT)
Though this appeal is listed for orders, it is taken up for final disposal, with the consent of learned counsel for both the parties.
2. The claimants are before this Court praying for enhancement of compensation, not being satisfied with the quantum of compensation awarded under judgment and award dated 09.10.2017 passed in MVC No.493/2016 on the file of learned Senior Civil Judge and Member, MACT-VI, Kudligi, For short, ‘Tribunal’
3. The claimants, who are the wife and children of the deceased Mallik Sab, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 seeking compensation for the accidental death of deceased Mallik Sab, that occurred on 18.11.2015 involving Lorry bearing registration No.KA-16/B- 2143 and Mahindra Bolero bearing registration No.KA-35/M- 6133. It is stated that the deceased was aged 54 years as on the date of accident and he was working as a Manager in Nasrulla Poultry Farm at Challikere, earning Rs.12,000/- per month.
4. On issuance of notice, respondents No.3 & 6-Insurance Companies appeared through their learned counsel, but only Respondent No.6-Insurance Company filed its statement of o
Compensation under Motor Vehicles Act requires proper assessment of income, application of future prospect increases, and accurate deductions based on dependents' status.
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....
Section 168 of Motor Vehicles Act, 1988, deals with concept of 'just compensation' and same has to be determined on foundation of fairness, reasonableness and equitability on acceptable legal standar....
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....
The court emphasized that income tax returns are essential for determining compensation in motor accident claims, and the assessment must reflect just and fair compensation principles.
Compensation for death in an accident must be assessed based on a reasonable estimate of deceased's income and established legal standards for conventional damages, ensuring just compensation.
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