3 days ago
Compensation can be enhanced even in insurer appeals if claimants seek: Karnataka high court
Bengaluru: The Karnataka High Court has ruled that the compensation in motor accident cases can be increased even when the appeal is filed by the insurer, provided the claimants orally seek such enhancement during arguments.
The ruling came while hearing a case relating to the death of a 20-year-old pillion-rider in a 2013 road accident. "Such an interpretation is required to be made also keeping in mind the fact that the Motor Vehicles Act-1988 is a beneficial legislation," Justice CM Poonacha observed.
The case pertained to a fatal crash on July 19, 2013, near Bengaluru city, in which Guruvanth, a telecaller, died while riding pillion on a motorcycle.
The rider, Francis, sustained injuries. Both the victims' families filed separate compensation claims—Guruvanth's in Bengaluru and Francis' in Mandya.
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The respective Motor Accident Claims Tribunals awarded nearly Rs 8.3 lakh (with 9% annual interest) to Guruvanth's family and nearly Rs 3 lakh (also with 9% interest) to Francis. Tata AIG General Insurance Company Ltd was directed to pay both sums.
The insurer challenged the awards, primarily on grounds that the truck driver involved in the accident held an invalid licence.
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During the hearings, however, the claimants sought higher compensation, which the insurer opposed, arguing that such enhancements were not permissible unless a formal cross-appeal was filed.
Justice Poonacha rejected that position and noted that the driver's licence had expired on Aug 31, 2011 — well before the date of the accident — and was thus not valid. While holding the insurer liable to pay compensation, the court allowed the company to recover the amount from the vehicle's owner.
Invoking the principle of "just compensation" under the Act, the court accepted the oral enhancement plea. It revised the notional income of the deceased from Rs 6,000 to Rs 8,000 per month, using the Karnataka State Legal Services Authority's income chart as reference.
The reworked compensation stood at Rs 13,50,900 for Guruvanth's family and Rs 4,26,600 for Francis, both with 7% annual interest from the date of the original petitions until payment.
