Karnataka high court raises payout for dailywager’s family to Rs 12 lakh

BENGALURU: The Karnataka high court has awarded higher compensation of Rs 12 lakh to the family of a daily wager from Kushalnagar, who was killed in an accident about 11 years ago, enhancing it from the Rs 9.4 lakh fixed by a tribunal.

The accident occurred on May 30, 2015 when Nanjundaswamy was walking by the side of a road. As an SUV hit him, he suffered injuries and was taken to Kushalnagar Govt Hospital and thereafter shifted to JSS Hospital, Mysuru, where he was treated as an in-patient and discharged. In spite of taking follow-up treatment, Nanjundaswamy succumbed to the injuries on June 12, 2015.

A claim petition was filed by the parents of the deceased, seeking compensation of Rs 15.8 lakh. On Sept 21, 2017, the tribunal at Madikeri awarded the family Rs 9.4 lakh with a 9% interest.

Both the claimants and the insurer — United India Insurance Company Limited — challenged the order. The insurance firm made three contentions. Firstly, the insured vehicle was not involved in the accident. Secondly, the deduction was wrongly taken as 1/3rd by the tribunal when the deceased was a bachelor and was survived only by his parents. Lastly, a challenge was made to the interest awarded at 9% per annum, terming it to be too high. The claimants, on the other hand, challenged the non-grant of future prospects while seeking higher compensation.

In her recent judgment, Justice Tara Vitasta Ganju noted that the registration number of the vehicle involved in the accident was mentioned in the chargesheet and that the insurer had never raised the contention of any fraud. The judge pointed out that the Supreme Court has clearly spelt out the compensation under future prospects payable even in those cases where the deceased was not employed.

Partly allowing the appeal filed by the claimants and simultaneously dismissing the appeal filed by the insurer, the judge noted that the family members of the deceased are entitled to total compensation of Rs 12 lakh along with interest at the rate of 6% per annum.


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