#compensation heads

The Karnataka High Court slashed compensation from ₹7.6 lakh to ₹3.85 lakh after correcting the disability calculation, affirming that contributory negligence cannot be invoked by the defendant unless specifically pleaded. This reinforces procedural fairness in MACT cases and ensures claimants aren't blindsided by unraised defenses, directly impacting how insurers and transport corporations draft their responses.

The Karnataka High Court has ruled that the death of a widow claimant during the pendency of a motor accident compensation case does not extinguish the claim; her legal heirs may continue seeking compensation for loss of dependency, loss of consortium, and other heads of damages. The insurer remains bound to rebut the statutory presumption of liability under Section 166 of the Motor Vehicles Act, ensuring continuity of rights for surviving dependents.

The Andhra Pradesh High Court ruled that appellate courts can enhance motor accident compensation under the Motor Vehicles Act even without a cross-appeal, emphasizing the duty to award just compensation. The court increased the award from Rs. 1,46,000 to Rs. 1,70,000, reinforcing that procedural formalities cannot override substantive justice for claimants.