} MFA.11581/07(MV)
IN THE HIGH COURT OF' KARNATAKA AT BANGALORE
DATED THIS THE 08" DAY OF' SEPTEMBER 2009
BEFORE
THE HON'BLE MR. JUSTICE N. ANANDA
MISCELLANEOUS FHZST APPEAL NO. 1 I 581 /2007 (1_|___1]_/3
BETWEEN
I. K. NARAYANAPPA S / 0. KENCHAPPA.
AGED ABOUT 52 YEARS.
R/O. K. K. 1-IATTI,
M. G. DIBBA, HOSADURGA TALUK.
CHITRADURGA DISTRICT.
2. KAMALAMMA W/ O. K. NARAYANAPPA,
AGED ABOUT 46 YEARS.
R/ O. K. K. I-IATTI.
M. G. DIBBA, HOSADURGA TALUK,
CHITRADURGA DISTRICT.
. . APPELLANTS
(By Sri. S. C. VIJAYAKUMAR ADVOCATE}
AND
E. C. PALANISWAMY S/0. CHINNATHIMBIGOUNDAR.
AGED ABOUT 47 YEARS,
# 100/6, NELLIGOUNDANPALYAM.
KUPPANDUMPALYAM POST,
AVINASHI DISTRICT.
COIMBATORE, TAMILNADU.
2 MFA.}. 1581/07[M'V)
2. THE DIVISIONAL MANAGER.
M/s. NEW INDIA ASSURANCE CO. LTD.,
2ND FLOOR, P.B.NO.62, 249/1 81 2.
SHAMAUR BUILDING.
C PET.
DAVANAGERE--577 002.
RESPONDENTS
(By Sri. G. NARAYANA RAO ADVOCATE FOR R2)
THIS IS AN APPEAL FILED U/S 173(1) OF MV ACT
AGAINST THE JUDGMENT AND AVVARD DATED: 1.6.2007
PASSED IN MVC NO. 286/ 2005 ON THE FILE OF THE CIVIL
JUDGE {SRDN} AND MACT, HOLALKERE, PARTLY
ALLOVVING THE CLAIM PETITION FOR COMPENSATION
AND SEEKTNG ENHANCEMENT OF COMPENSATION.
THIS APPEAL COMING ON FOR HEARING THIS DAY.
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The claimants are the parents of deceased Sri Lingaraj.
At the time of accident he was aged about 24 years. The
deceased had completed Bachelor degree in Engineering and
Management in first class with distinction in the
examination held in July 2004. Subsequently, he was
appointed as an Engineering Trainee in M/s. G. W. Precision
Tools India Private Ltd., on consolidated pay of Rs.5,000/-
3 MFA} 1581/07(MV]
p.m. He was also entitled to other benefits and other
emoluments. The appointment letter and salary certificate
issued by M/s. G. W. Precision Tools India Private Ltd. are
marked at Ex.P–10 and 11.
2. The Tribunal despite noticing these facts has
determined the income of the deceased at a sum of
Rs.3,000/– per month. Therefore, monthly income of the
deceased is determined at Rs.5,000/– p.m. The mother of
the deceased {II–respondent] was aged about 44 years at the
time of accident. The appropriate multiplier would be ’14’.
The Tribunal had adopted ‘l5’ multiplier. In View of the
discrepancy, the compensation awarded by the Tribunal
under the head loss of dependency has to be modified.
3. The deceased Was employed in Bangalore and he
was staying away from his parents. Therefore, 50% of his
income is deducted towards his personal expenses. Thus,
capitalised loss of dependency would be [Rs.5000 X 12 X 14
X 0.50 ]=Rs.4,20,000/~. Compensation of Rs.33,000/–
;
g
4 MFA. 1 1581/GTIMV)
awarded by the Tribunal under conventional heads is not
disturbed.
4. In the result, I pass the foIIow1’ng:–
0 R D E R
[i) The Appeai is accepted.
(ii) The impugned award is modified.
(iii) The compensation of Rs.3,03,000/- is
enhanced to Rs.4,53,000/~ with
interest @ 6% p.a. from the date of
petition till the date of realisation.
{iv} The apportionment, payment and
investment shall be in the ratio
evolved in the impugned award.
(V) Parties are directed to bear their costs.
Sd/-
JUDGE
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