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SUDHANSHU DHULIA, AHSANUDDIN AMANULLAH
Shivaleela – Appellant
Versus
Divisional Manager, United India Insurance Co. LTD. – Respondent
JUDGMENT
AHSANUDDIN AMANULLAH, J.
Leave granted.
2. The present appeals are directed against the common Final Judgment and Order dated 24.01.2023 in MFAs No.6192/2014 (MV-D) and No.2087/2014 (MV-D) (hereinafter referred to as the ‘Impugned Order’) passed by the High Court of Karnataka at Bengaluru (hereinafter referred to as the ‘High Court’) challenging the award dated 10.01.2014 passed by the Senior Civil Judge & Motor Accidents Claim Tribunal IX at Harapanahalli (hereinafter referred to as the ‘MACT’) in MVC No.73 of 2012, whereby the High Court dismissed the appeal filed by the appellants seeking enhancement of compensation awarded by the MACT, and partly allowed the appeal filed by the first respondent-Insurance Company.
FACTS IN BRIEF:
3. Mr. K.H.M. Virupakshaiah, the husband of the appellant no.1, son of appellant no.6 and father of appellants no.2 to 5 met with an accident on 05.05.2012, unfortunately resulting in his death. On 05.05.2012 at 12:15 PM, the deceased was riding his Bajaj motorcycle along with a pillion rider near Itagi Village on the Harihar-Hospete road. When they reached near Talakallu Village cross, they were hit by a Ford car bearing Registration No.KA36M1979,
Death in motor accident - Unlike tortious liability, compensation under Motor Vehicles Act, 1988 is concerned with providing stability and continuity in peoples'' lives in future.
Death in motor accident – Motor Vehicles Act, 1988 is a beneficial and welfare legislation and it is duty of Court to award just compensation.
Assessment of compensation cannot be done with mathematical precision – Motor Vehicles Act, 1988 also provides for assessment of just and fair compensation.
Compensation must incorporate future prospects and the correct multiplier based on the deceased's age, following established legal precedents for justice.
The main legal point established in the judgment is the calculation of compensation for loss of dependency, including the consideration of actual income, future prospects, and personal expenses.
Death in motor accident – While awarding loss of dependency, future prospects and rise in income ought to have been considered.
Death in motor accident – Just compensation – Even in absence of definite proof of income, social status of deceased is to be kept in perspective where such persons are employed in unorganized sector....
The main legal point established in the judgment is the court's authority to award just compensation exceeding the claimed amount under the Motor Vehicles Act, 1988, and the need for a realistic appr....
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