IN' THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 23"' DAY OF OCTOBER;
PRESENT
Tim HON'BLE MR.JUSTICE»AI£.;SR.E;I?ii§fI:AfIf§'.itA£) O "
AN D A
THE !ION'BLE MR.JUSTICE:B.SREE1SII3.f.A§E' Wc;b'wDA A V
M.F.A.N§~..416'9'&-2964 (:'MVC)'
Cross Obiectipgi No..'__2{)0*af (MVC)
M.F.A.No.41s_69'j;o}"V2(fO4€L13iVC)::' VA
Between: 2: H . K O
The Orientel' Cg. Ltd. ,
D. 0. No.8, Road,
Basavanagudi, Baiigaldre,'
Now represented V by its' 'Regional Manager,
The {Orj.enta1 I'nsuran§:e Co. Ltd.,
«--,_,Re'g_i€;na1 Office, ****
. # 44/ Shopping Complex,
V' __ ~--" ?.._5_;,
~. ...Appe]1ant
(By_Sri.,A._ Krishna Swamy, Adv.)
Smt. Sowmiya Ramani,
W/0. Late S. Ramam,
Now aged about 36 years.
ek
Cross Obiection No. 200/2004 (MVC)
Between:
1.
(By sr;..r;sa~:pa.a V. Shastri, Adv.)
Smt. Sowmiya Ramani,
W/o. Late S. Ramani,
Now aged about 36 years.
Keshava. R, S/0. Late Ramani.
Now aged about 8 years,
Sri. K. V. Subramanian,
S / 0. K. S. Venkatach;-fla..Iyer, V
Now aged about 81 yea’rsVI’–e.
Smt. Sulochana. g_ _
W/0. Subramania11,.. _ _
Now aged about 72’~y_ea.1fs,f ” ”
Cross”Qbje–r;.tor No.2
being’rriinor”:.represented by his
mother and-. guardian No. 1
above gsomzrraiya VRaim..se’ni.
5 ‘ A1} are 6th Cross,
~’ 11’*h Main,” HALIII Stage,
Kodihalii, Bangalore — 8.
~ * …Cross Objectors
A Q; 0
4…’.
‘I”he Oriental Insurance Co. Ltd.
D. o.\/I11, No.22, DVG Road,
‘ Basavanagudi, Bangalore.
By its Divisional Manager.
@V
2. Sri. G. Boopathi,
S/o. A. Gandhi.
Age : Major,
No.190/2, 12″” Cross, 3rd block,
Tyagaraja N agar,
Bangalorem 28. _
A
This MFA Crob filed U/O 41 RCC22 of’C_PC.’agaii1st7the it
Judgment and award dated ‘1._9.’O2.2004»vVpasé§edc in
MVC.No.2460/1998, on the.._file of the ix ‘-Ad~dI’.””J1″1dge
Member, MACT–7, Court oi7._Sma11 ‘ea_u’s’es, Bangalore
(SCCH»->7], partly allowing with-.the c1’aim.v’petition for
Compensation aridfl see§ii_n’g.__*,_ “enhancement of
Compensation. ”
This ap.p.éaI:~.andA ‘are coming on for
hearing, this J., delivered the
following: C.
f-3TaaaGMENT
aged about 37 years, a software
‘_ envgineer was “pros:_:_e_eding in his car on Kensington road
rfromgp North one tempo came from opposite
direction dashed against the car as a result he
sustained grievous injuries and succumbed to the
injliries. His wife, minor son and parents have filed claim
4/__
petition seeking compensation and are in appeal seekimg
enhancement.
The sketch of the accident is marked feat
Ex. P 3, which discloses the place of v’rnet:e1’s.
away from the Western road brirf: and meters awa;,;’i:+ona
the Eastern road brim. Tlie”~ternpo” has -ciirved
deviation and hit the car. The disclosestiit is not 21
head on collision. llvevfldeiitly on the wrong
side of the ropadjand V’onx”its left side of the
road. The poliee the tempo driver for rash
and vehicle. In View of the above
rrlaterialevidence’AonVrecord, the finding of the Tribunai
that A.-thxerehisivptothal lneégzlligence on the part of the tempo
. lldifiveit is sotlnddland proper. The evidence Clinchmgiv
is no contributory negligence on the part
of the car. -.
_ The deceased was a software engineer. income tax
returns are produced. His salary Was assessed at
-~Rs.3,57,350/~ per year for the year l998~99. The deceased
W
was also a partner in M/s Softel Technologies and from
the said firm he was getting income of wper
year. Thus his total income was Rs.4,42,54a8’/”–‘l
99. For the said period he has paid**»in:conie of
Rs. 15,000/- towards partnership 3 :@d
Rs.85, 198/» towards his salary.
the net income wouldfbe As per
unit system 1/4111 is his Personal
expenses and idssef Rs.2,56,762.50
per year The multiplier
appliczvahllle of dependency would be
Rs.38,51,,V_4s37.5Ql’s]j{as;2.l,jSes;o’762.50 x 15). In addition to
thisgthet wiles-.ViAs”enti’tled for Rs.25,000/- towards loss of
– towards loss of expectancy and
funeral expenses. In all the
claima;f1ts’v ‘flare entitled for a total compensation of
f1s..39.VTl…437.5O with interest at 6% from the date of
‘petition till the date of deposit as against Rs.42,25,000/–
“awarded by the Tribunal.
V