<p>Bengaluru: The Karnataka High Court has awarded an enhanced compensation of Rs 21,28,800 to the family of a diploma student who died in an accident in 2019, significantly increasing the amount from the Rs 1,53,000 awarded by the tribunal.</p>.<p>A division bench comprising Justice KS Mudagal and Justice Vijayakumar a Patil directed the insurance company to pay the revised compensation, with the right to recover it from the vehicle's owner.</p>.<p>The accident occurred on April 23, 2019, when 19-year-old MS Srihari was riding pillion with one Aravind on Hejjala-Kempadyapanahalli Road near Bengaluru. Upon reaching Mallathahalli Village in Bidadi Hobli, Ramanagara district, the rider lost control due to high speed and rash driving, causing the vehicle to crash into a mud wall. Both Srihari and Aravind suffered fatal injuries and died on the spot.</p>.<p>Srihari's parents and sister approached the accident claims tribunal in Bengaluru, seeking Rs 30 lakh in compensation. They stated that, in addition to pursuing a diploma at PES College, Bengaluru, Srihari was involved in a milk vending business, earning Rs 20,000 per month. On April 1, 2022, the tribunal awarded Rs 1.53 lakh with 9 per cent interest, citing that the motorcycle rider did not have a driving licence and directing the vehicle's owner, Suraj Kumar, to pay the amount.</p>.<p>Unhappy with the decision, Srihari's family appealed, arguing that the tribunal should have directed the insurance company to pay the compensation and later recover it from the vehicle owner, in line with a Supreme Court ruling. The insurer argued that the absence of a valid licence was a breach of policy terms and that the claimants had not demonstrated their dependency on the deceased.</p>.Minibus driver convicted in 2021 accident case in Bengaluru.<p>The division bench, however, noted that despite the absence of a driving licence, the tribunal should have applied the "pay and recover" principle established by the Supreme Court.</p>.<p>Observing that the Rs 1.53 lakh awarded was inadequate, the court noted that while no conclusive evidence of a Rs 20,000 monthly income was presented, Srihari's age and relationship to the claimants were proven.</p>.<p>“In the absence of proof of actual income of the deceased, considering prevailing wage rates and cost of living at the relevant period, this court notionally assesses the income of the deceased at Rs 14,000 per month and adds 40 per cent under the head of loss of future prospects,” the bench said, directing the insurance company to pay Rs 21,28,800 with 6 per cent interest from the date of the petition until deposit.</p>
<p>Bengaluru: The Karnataka High Court has awarded an enhanced compensation of Rs 21,28,800 to the family of a diploma student who died in an accident in 2019, significantly increasing the amount from the Rs 1,53,000 awarded by the tribunal.</p>.<p>A division bench comprising Justice KS Mudagal and Justice Vijayakumar a Patil directed the insurance company to pay the revised compensation, with the right to recover it from the vehicle's owner.</p>.<p>The accident occurred on April 23, 2019, when 19-year-old MS Srihari was riding pillion with one Aravind on Hejjala-Kempadyapanahalli Road near Bengaluru. Upon reaching Mallathahalli Village in Bidadi Hobli, Ramanagara district, the rider lost control due to high speed and rash driving, causing the vehicle to crash into a mud wall. Both Srihari and Aravind suffered fatal injuries and died on the spot.</p>.<p>Srihari's parents and sister approached the accident claims tribunal in Bengaluru, seeking Rs 30 lakh in compensation. They stated that, in addition to pursuing a diploma at PES College, Bengaluru, Srihari was involved in a milk vending business, earning Rs 20,000 per month. On April 1, 2022, the tribunal awarded Rs 1.53 lakh with 9 per cent interest, citing that the motorcycle rider did not have a driving licence and directing the vehicle's owner, Suraj Kumar, to pay the amount.</p>.<p>Unhappy with the decision, Srihari's family appealed, arguing that the tribunal should have directed the insurance company to pay the compensation and later recover it from the vehicle owner, in line with a Supreme Court ruling. The insurer argued that the absence of a valid licence was a breach of policy terms and that the claimants had not demonstrated their dependency on the deceased.</p>.Minibus driver convicted in 2021 accident case in Bengaluru.<p>The division bench, however, noted that despite the absence of a driving licence, the tribunal should have applied the "pay and recover" principle established by the Supreme Court.</p>.<p>Observing that the Rs 1.53 lakh awarded was inadequate, the court noted that while no conclusive evidence of a Rs 20,000 monthly income was presented, Srihari's age and relationship to the claimants were proven.</p>.<p>“In the absence of proof of actual income of the deceased, considering prevailing wage rates and cost of living at the relevant period, this court notionally assesses the income of the deceased at Rs 14,000 per month and adds 40 per cent under the head of loss of future prospects,” the bench said, directing the insurance company to pay Rs 21,28,800 with 6 per cent interest from the date of the petition until deposit.</p>