Bengaluru High Court Delivers Justice, Awards Rs 36.6 Lakh in Fatal Accident Case
The Karnataka High Court in Bengaluru has delivered a significant verdict, substantially enhancing compensation for the grieving parents of Anil Kumar. Kumar tragically lost his life in a road accident back in July 2017. The court directed a payment of Rs 36.6 lakh, along with an annual interest of 6 per cent. It firmly placed the entire blame for the fatal collision on the driver of a Tamil Nadu-registered canter vehicle.
Overturning the Tribunal's Earlier Decision
This ruling marks a dramatic reversal of the earlier judgment by the Motor Accident Claims Tribunal (MACT) in Bengaluru. The MACT had initially granted a compensation of only Rs 9.2 lakh. Crucially, it had apportioned 50 per cent contributory negligence to the deceased, Anil Kumar. This finding led the tribunal to deduct half of the total assessed relief amount from the final award.
The Tragic Accident on NH 209
The incident occurred on the evening of July 11, 2017, at approximately 6:30 PM. Anil Kumar was traveling from Kanakapura towards Bengaluru on National Highway 209. As he approached the HP petrol bunk near Thoppaganahalli, his car was struck by the oncoming canter. The impact was severe and instantaneous, resulting in Kumar's death at the scene.
Following their son's untimely death, Kumar's parents approached the claims tribunal. They sought compensation of Rs 50 lakh, stating that their son earned a monthly income of Rs 40,000 working as a driver.
Insurance Company's Defense and Court's Scrutiny
Shriram General Insurance Company Ltd, the insurer for the canter, mounted a strong defense. The company argued two main points before the court:
- First, they contended that Anil Kumar was equally responsible for the accident. They claimed he was driving in a reckless, zigzag manner.
- Second, they asserted that the canter driver did not possess a valid driving licence at the time. Based on this, the insurer claimed it should be absolved of any financial liability.
However, the High Court carefully examined the evidence, including eyewitness accounts. These witnesses provided a different narrative. They testified that Kumar was driving cautiously and correctly on his side of the road. In contrast, the canter driver was negotiating a curve. Witnesses stated this driver operated the vehicle rashly, encroached onto the wrong side of the road, and caused the fatal collision.
Justice K Manmadha Rao's Decisive Ruling
Justice K Manmadha Rao presided over the case and delivered the judgment. The justice completely set aside the tribunal's earlier finding of contributory negligence against Kumar. The court held that the entire negligence for the tragic accident lay squarely with the driver of the canter.
On the critical question of compensation quantum, the High Court undertook a fresh calculation. It fixed Kumar's notional monthly income at Rs 12,000. Using this figure, the court determined the payable amount for loss of dependency. It calculated this sum at Rs 36.3 lakh, a substantial increase from the tribunal's assessment of Rs 18.4 lakh. Adding other conventional heads of compensation, the total award was finalized at Rs 36.6 lakh.
This verdict not only provides greater financial solace to the victim's family but also reinforces legal principles regarding liability and evidence assessment in motor accident claims.
