High Court Karnataka High Court

New India Assurance Co vs Smt R Uma on 10 September, 2009

Karnataka High Court
New India Assurance Co vs Smt R Uma on 10 September, 2009
Author: S.Abdul Nazeer
IN THE HIGH COURT OF KARNATAKA AT BANGALORE'

DATED THIS THE 10TH DAY OF SEPTEMBER 2009

BEFORE

THE HONBLE MR. JUSTICE S. AEDUL   4- _  ''

MISCELLANEOUS FIRST APPEAL NO. 1 ,1A21§2  7

BETWEEN :

New India Assurance Co,   S

Rep. by Divisional Manage-r_  _ L

No.4./7, Gopal Complex '

Bazaar Street,   '

Yeshwanthpura_,   S    ' 
Banga1ore--27_V _ _     " "*--;':.APPELLANT

{By Sri:R. Jai Ergkggh E: E':/.I'V.'"'.Z.\x/_i1.1:1V§i1*'21j1V'i§,, Advs.)

AND:

1. Smt. R..__U'ma" _ V'
Major 4'  V.
.. «N0. 125 1 , MaruthinV';Vas
- S,.8'*~'h ajcross, Cha1iti'r'a Layout
E * .. _VBa.ng2.1%intr'e~.V-- 40

 ~. 
A Major '  '

M'aSfcr L. Harish
* .=___Min"or

S  . V  'Smt. Kenchamma

Major



All are r/a. No.42/1, 3"' Main
Hosahalli, 3, Vijayanagar
Bangalore -- 40

R-3 being minor

is represented by R~2.  RESPONDl:}N'Ig'S_'»_l'~._v

(Notice to R-1 is dispensed with}

This MFA is filed u/s. 173(1)  ageids-t,' 
judgment and award dt.2.8.2005g passed". in %.g\/l'V.7_"C.. 
No.2008/2003 on the file of the:14th Addl.'w.Judge;'.LCourt of 

Small Causes, Member,  Met.ropo1i'tan~..._'~A1:ea,
Bangalore.     '

This appeal coming""on .fo1--fpor_ders~.Vthis~ day, the court
delivered the following: C   .   *

Thoughthis matterlposted for orders, by consent of

 Counsel for*the*appellant, it is taken up for final

"hearirig,   C

'2...  appeal is directed against the judgment and

C ~ a'zl1l§1l'(i~.lin MVC No. No.2008/2003 dated 2.8.2005 on the file

Vfthe 14"' Add}. Judge, MACT, Court of Small Causes.

,._.l.»«-m--
»- 4715.:



Metropolitan Area, Bangalore. The appellant was the 2""
respondent in the claim petition and respondents~2 to 4

were the petitioners and the 15′ respondent is the owner. H

3. The only Submission of the learned cour15–‘3ill.lt5l1″ .

appellant in this appeal is that siJr1.c,e_ there”‘a:rl:e_wv three it

claimants. the Tribunal was not justified ciedu f :1 s it

of the income towards personal’l_e::pensles. of
On the other hand, the to ldedfiucted
1/3″ of the income of towards ‘personal
expenses while detennining

4. Peijusal and award shows that the

Tribuna’l*~ hasllltalgperi salary of the deceased for the

«purpose detemiination of the loss of dependency. The

of SARALA VARMA AND OTHERS vs.

DELHI TR@I–ShORT CORPORATION AND ANOTHER

1298) has held that after deducting the tax paid

‘ p:.’by’thel:l.deceased, gross salary should be taken into account

ll foralthe purpose of determination of compensation. The

E

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