2018 (3) AKR 729 ::AIROnline 2018 Kar 1528

Karnataka High Court

Hon'ble Judge(s): N. K. Sudhindrarao , J

(A) Motor Vehicles Act (59 of 1988) , S.149, S.166— Compensation - Liability of insurer - Deceased travelling with vegetables died due to rash and negligent driving of driver of offending vehicle - Plea of Insurance Company that deceased was travelling as gratuitous passenger - However, no evidence adduced by insurer to substantiate said plea -Insurer liable to compensate claimants. (Para 11) (B) Motor Vehicles Act (59 of 1988) , S.166— Compensation - Assessment - Death due to rash and negligent driving of driver of offending vehicle - Notional income of deceased assessed at Rs. 3,000/- p.m. - Accident was of year 2003, 10% added towards future income - 1/3rd deducted towards personal expenses - Rs. 2,37,600/- awarded towards loss of dependency - Rs. 70,000/- awarded towards conventional heads - Rs. 1,32,000/- granted towards medical expenses - Claimants held entitled to total compensation of Rs. 4,39,600/- along with interest @ 6% p.a. (Para 9 10) .....