<p>The High Court of Karnataka exonerated a vehicle owner, accused of causing an accident, from paying compensation to the deceased.</p>.<p>It found that the accident tribunal had made a serious mistake by concluding that the cleaner was driving the vehicle based solely on the charge sheet and without properly examining the evidence.</p>.<p>A division bench comprising Justice SG Pandit and Justice Vijayakumar A Patil directed the insurance company to pay the increased compensation of Rs 33.3 lakh with 6% interest to the victim's family.</p>.<p><strong>Also Read | <a href="https://www.deccanherald.com/national/west/two-killed-as-truck-rams-into-police-van-on-highway-in-maharashtras-yavatmal-1242130.html">Two killed as truck rams into police van on highway in Maharashtra's Yavatmal</a></strong></p>.<p>The accident took place in Ankola, Uttara Kannada district, on December 14, 2010. The deceased, Amol Naik, was travelling from Karwar to Ankola on his motorcycle when a speeding lorry hit him from behind. The police had erroneously mentioned in the charge sheet that Mahesh Siddayya Igalimath, the cleaner, was driving the truck.</p>.<p>On September 28, 2017, the tribunal in Karwar awarded Rs 19.8 lakh as compensation. It ordered the Bagalkot-based owner of the truck, Andhra Oxygen Pvt Limited, to pay the compensation because Igalimath did not possess a valid driving licence.</p>.<p>The company challenged the order, arguing that the testimony, which clearly stated that Ghouse Mohideen was driving the vehicle, had been disregarded.</p>.<p>Meanwhile, the family of the deceased also contested the tribunal's decision and sought higher compensation. They argued that the deceased was employed as an FDA in the Excise Department and earned a monthly salary of Rs 14,717.</p>.<p>The division bench observed that the deceased's wife and an eyewitness to the accident consistently stated that the truck was driven by Mohideen, who had a valid and effective driving licence.</p>.<p>“The tribunal erred in assessing the deceased's income at Rs 8,721 per month by deducting other components from his gross salary. The permissible deduction should only be Rs 200 for professional tax. If professional tax is deducted from the gross salary, the deceased's monthly salary would be Rs 14,546,” the bench stated.</p>
<p>The High Court of Karnataka exonerated a vehicle owner, accused of causing an accident, from paying compensation to the deceased.</p>.<p>It found that the accident tribunal had made a serious mistake by concluding that the cleaner was driving the vehicle based solely on the charge sheet and without properly examining the evidence.</p>.<p>A division bench comprising Justice SG Pandit and Justice Vijayakumar A Patil directed the insurance company to pay the increased compensation of Rs 33.3 lakh with 6% interest to the victim's family.</p>.<p><strong>Also Read | <a href="https://www.deccanherald.com/national/west/two-killed-as-truck-rams-into-police-van-on-highway-in-maharashtras-yavatmal-1242130.html">Two killed as truck rams into police van on highway in Maharashtra's Yavatmal</a></strong></p>.<p>The accident took place in Ankola, Uttara Kannada district, on December 14, 2010. The deceased, Amol Naik, was travelling from Karwar to Ankola on his motorcycle when a speeding lorry hit him from behind. The police had erroneously mentioned in the charge sheet that Mahesh Siddayya Igalimath, the cleaner, was driving the truck.</p>.<p>On September 28, 2017, the tribunal in Karwar awarded Rs 19.8 lakh as compensation. It ordered the Bagalkot-based owner of the truck, Andhra Oxygen Pvt Limited, to pay the compensation because Igalimath did not possess a valid driving licence.</p>.<p>The company challenged the order, arguing that the testimony, which clearly stated that Ghouse Mohideen was driving the vehicle, had been disregarded.</p>.<p>Meanwhile, the family of the deceased also contested the tribunal's decision and sought higher compensation. They argued that the deceased was employed as an FDA in the Excise Department and earned a monthly salary of Rs 14,717.</p>.<p>The division bench observed that the deceased's wife and an eyewitness to the accident consistently stated that the truck was driven by Mohideen, who had a valid and effective driving licence.</p>.<p>“The tribunal erred in assessing the deceased's income at Rs 8,721 per month by deducting other components from his gross salary. The permissible deduction should only be Rs 200 for professional tax. If professional tax is deducted from the gross salary, the deceased's monthly salary would be Rs 14,546,” the bench stated.</p>