Karnataka HC revises compensation in 2019 accident death case from Rs 1.5 lakh to Rs 21 lakh

Passed by a seat of Justices K S Mudagal and Vijaykumar Patil, the bid was precocious made disposable successful the nationalist domain.

The lawsuit pertains to the decease of Srihari, 19, a final-year pupil astatine PES College, Bengaluru, who was riding pillion connected a two-wheeler successful Ramanagara territory successful April 2019 erstwhile helium met with an accident.

Srihari and the idiosyncratic who rode the two-wheeler died successful the accident.

Following this, Srihari’s household sought compensation of Rs 30 lakh earlier the Motor Accident Claims Tribunal, naming the conveyance proprietor and security institution Tata AIG arsenic the respondents successful the case.

The household stated that the younker had been supporting his household done a milk-vending concern which earned Rs 20,000 a month.

The security institution argued earlier the tribunal that the presumption of the argumentation had been violated since the motorbike operator did not person a valid licence astatine the clip of the accident.

They further stated that the compensation demanded was exorbitant.

The tribunal accepted the statement with respect to the argumentation and stated that the household had not proved that they were babelike connected Srihari’s earnings.

The compensation was past acceptable astatine Rs 1.53 lakh.

Supreme Court precedent settles matter

Srihari’s household counsel past moved the Karnataka High Court and argued that arsenic per a Supreme Court precedent, erstwhile the rider does not person a licence, the tribunal should person directed the security institution to wage the magnitude and retrieve the aforesaid from the conveyance owner.

Regarding the liability successful this case, the precocious tribunal observed, “…we are of the considered presumption that the Tribunal is justified successful saddling the liability connected responsive No.1 – proprietor of the vehicle. However, it ought to person directed responsive No.2 – Insurance Company to wage the compensation and retrieve the aforesaid from the proprietor of the conveyance successful question. Considering the settled presumption of law, we uphold saddling of liability connected the proprietor of the conveyance by directing responsive No.2 – insurer to wage the compensation and retrieve the aforesaid from the proprietor of the vehicle..”

As for the magnitude of compensation, the precocious tribunal deemed that it was insufficient.

After deducting the outgo of living, it stated that Srihari’s approximate monthly income successful the compensation calculation would person been Rs 14,000, to beryllium enhanced by 40 per cent for the intent of accounting for his aboriginal prospects.

Based connected this, the tribunal calculated that a sum of Rs 21.28 lakh ought to beryllium awarded.