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IN THE HIGH COURT OF KARNATAKA AT DHARWAD
S.G.PANDIT, GEETHA K.B.
Divisional Controller And Self-Insurer Of Bus No.KA-35/F-70 – Appellant
Versus
Asifa @ Asifa Begaum W/o. Late Dadapeer Chimana – Respondent
| Table of Content |
|---|
| 1. claimants lost main breadwinners in accidents. (Para 5 , 6 , 7) |
| 2. insurer claims motorcycle's rider's negligence. (Para 8 , 14 , 15) |
| 3. assessment of contributory negligence established. (Para 18 , 19 , 21 , 22) |
| 4. calculation of detailed compensation allowances. (Para 23 , 24 , 27 , 28) |
| 5. final decision modifying compensation amounts. (Para 30) |
JUDGMENT :
(PER: HON'BLE MRS JUSTICE GEETHA K.B.)
MFA No.103952/2023 and MFA Crob. No.100079/2025 are filed challenging the judgment and award dated 23.02.2023 passed in MVC No.458/2020 on the file of Senior Civil Judge and Additional MACT, Koppal (for short, ‘Tribunal’).
2. MFA No.100507/2023 and MFA Crob. No.100165/2022 are filed challenging the judgment and award dated 06.01.2022 passed in MVC No.495/2020 on the file of Senior Civil Judge and Additional MACT, Koppal.
3. The above said appeals are filed by the insurer challenging the liability and cross-objections are filed by the claimants praying for enhancement of compensation in the above two appeals respectively under Section 173 (1) of Motor Vehicles Act, 1988 (for short, ‘Act’).
4. The parties would be referred with their rankings as they were before the Tribunal for co
The court confirmed that liability lay with the bus driver and assessed compensation based on statutory criteria, modifying awards to claimants accordingly.
The assessment of compensation in motor accident claims must consider contributory negligence and actual earning capacity of the deceased.
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