Case Note & Summary
These cross-appeals arose from the Judgment and Award dated 19.01.2018 in MVC No. 758/2015 passed by the Motor Accidents Claims Tribunal, Mysuru. The Tribunal awarded compensation of Rs.17,72,000/- with interest at 7% p.a. to the legal representatives of the deceased, M.K. Harish, who died in a road accident on 02.09.2014. The accident occurred on 18.06.2014 when an autorickshaw carrying two persons and cattle turned turtle due to rash and negligent driving. The deceased was a 29-year-old mason allegedly earning Rs.20,000/- per month. The Insurance Company, Shriram GIC Ltd., appealed (MFA No. 5857/2018) contending that the deceased was an unauthorised passenger in a goods vehicle and that the Tribunal ought to have apportioned contributory negligence. The claimants cross-appealed (MFA No. 7564/2018) seeking enhancement on the ground that no amount was awarded towards future prospects. The High Court heard both appeals together on 08.12.2025. The court considered the issues but the available text does not include the reasoning or final decision.
Issue of Consideration
Whether the Motor Accidents Claims Tribunal correctly assessed compensation without apportioning contributory negligence for an unauthorised passenger in a goods vehicle; Whether the claimants are entitled to future prospects in computing loss of dependency.
