Giriyappa vs B R Rajashekhar on 16 September, 2010

IN THE HIGH COURT OF KARNATAKA AT BAN GALORE H.

DATED 'i'H}S THE 16*" DAY OF SEPTEMBER 2010  Q

BEFORE

THE HON'BLE MRJUSTICE S. ABDUL NAEEEPO 5  4-

MISCELLANEOUS FIRST APPEAL No. 681212063  R  $__  = O 7

Between:

Giriyappa,

S/0 Shankarappa Kowdi,

Aged about 28 years,

2"" Main, £63' Cross, -. V Vs
Behind Ganesh Temple,»   - 
Vinoba N agar, Davar1~agea_:e:1-- '

(By Sri K. R:aj'ashe1efi;;r? z§E§§y".e) 
And: O 1' V H"

E B.R._ Raj ashekhar, _ 

 S/,o}.B. Ra1nana'th,.._V V

'  O'Nne:fief'1"-a.ta IndiOcf)'rn'Car,
_ . ?=l.Q.KA-17/.A4'1782,P.J.Extension,
   O'  

 '  The Divisierraid Manager,

V The New India Assurance Co. Ltd.,
 Davanagere.

  (gysr; B.C:. Seethararna Rao, Adv. for R2
V    served)

.... Respondents.

2. I have heard the learned Counsel for the parties.

3. Learned Counsel for the appellant would contendthatv thexn h

accident had occurred during the year ..vclairr1ianit_”w_as_:”‘V”

earning more than Rs.4,000/- per month. The-ffiiibunal “to

have taken the income of the ciaimantrratleast atv”R_s.’Z1,Gt}(}/ll-“v;¢per

month

4. On the otEierfihand,.:lea1§ned Couns–ei’ -apt)earing for the

second respondent.¢Ins.ut’jance Conipany’t’has”‘§sought to justify the

impugned gment i ., ‘ l

is’ not “dispute, that the accident had occurred on

l”’23A.4.2007V. TVhe.oclainiant was working as a Driver of the vehicle.

Vv Havinghiegard’ to inaterial on record, i am of the view that the

.Commissioner.tot1fight to have taken his income as Rs.4,000/- per

n1onth.’iI’i=5..that is so, the claimant is entitled for a total compensation

RV’s.1,52,488/– as against the compensation awarded by the

it

Commissioner in a sum of Rs.1,15,129/–. Thus, the clairr1ar1t.f1Vse»._l”._V’

entitled for an additional compensation of Rs.37,359/–.

6. In the result, the appeal succeeds __an.d__it is_–acco’rdi:ngl5t

aliowed in part. The second respondent-Jnsura,tfice’iV Company

directed to deposit a sum of Rs,37,359[¥”~.i:n adeti-ties.testtteitjshss,

been awarded by the Cornriiissionert…Vlliffhe’gsaidhl amottntii of
Rs.37,359/– shall catty interest at 971/2 perEar.;nlultriifroirn._the date of
the application till the dateof 2% ualnnum from
the date of the ordet’°ti.l_1 depo”sit;vTheldeposit as above
shall be within “c–igEit weeks from the date of

receipt of a copuy._of this order; The Commissioner is directed to

_di.sburse amount to the claimant on such deposit. No costs.

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