Karnataka HC awards 14-fold increase in compensation for deceased student's family

Published On : 2024-11-16T15:31:10+0530 [ IST ] | Author : Mayur_Tembhare
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The Karnataka HC awarded an enhanced compensation almost 14 times higher than the amount awarded by the tribunal to the family members of a deceased diploma student. The insurer has to pay the revised compensation and recover the same from the

On April 23 2019 deceased MS Srihari who was 19 years old at the time was proceeding as a pillion rider on the motorcycle with one Aravind who was riding the said vehicle. They were proceeding on Hejjala-Kempadyapanahalli Road when they reached Mallathahalli village Bidadi hobli Ramanagara District

Both the parents of Srihari along with his sister moved the tribunal seeking Rs 30 lakhs as compensation. They claimed that apart from studying a diploma course at PES College Bengaluru the deceased was also doing milk vending business and earning Rs

However on 1 April 2022 the tribunal awarded only 1.53 lakh with 9% interest as total compensation citing that the rider of the motorcycle did not possess a driving licence. One Suraj Kumar the owner of the motorcycle was told to pay the compensation.

Srihari's family members argued that the tribunal should have directed Tata AIG General Insurance Company Limited, the insurer of the vehicle, to pay the compensation and recover the same from the owner of the vehicle by following the law laid down by the

On the other hand the insurer argued that the rider was not in possession of a driving licence and the same is a clear breach of the terms of the policy.

After perusing the materials on record the division bench comprising Justices KS Mudagal and Vijayakumar A Patil noted that though the deceased rider Aravind was not possessing a driving licence the tribunal should have invoked the principle of pay and recover enunciated by the Supreme

The bench was of the view that Rs 1,53,000 was not just compensation. The bench pointed out that though no concrete materials were placed regarding the Rs 20,000 per month income of the deceased yet his age and relationship with the claimants were proved.

"Considering prevailing wage rates and cost of living at the relevant period this court notionally assesses the income of the deceased at Rs 14,000 pm and adds 40% under the head of loss of future prospects," the bench said while directing the insurer to pay Rs 21,28,000 as modified compensation with 6% interest and recover the

Source : Reporters From Sunrise Chronicles

Tags : Bengaluru , However , payconsidering prevailing wage rates , Tata , After , Rs , vehiclemilk vending business , On , General Insurance Company Limited , rider000 per month income ,

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