High Court Karnataka High Court

Shabbirmiyan vs Ravi Kumar on 9 February, 2010

Karnataka High Court
Shabbirmiyan vs Ravi Kumar on 9 February, 2010
Author: H.N.Nagamohan Das
IN THE HIGH COURT OF KARANTAKA, CIRCUIT BENQH AT

GULBARGA

DATED THIS THE 9"*DAx OF FEBRUARY éoldw *gA}

THE HON'BLE MA.JUSTIcE§g.N,NASAM6AAN'nAS_w,-

MISCELLANEOUS FIRST APPEAL No.21S1;goO8E
BETWEEN A

1. SHABBIRMIYAN '_ . _V ,.,~_
S/0 KflAJASAB CHALKAPUEWALEfQ>V
AGED ABOUT 40 YEARS ' 2 '_*.j_»
occ PRIVATE ARABIC EECHER '.~

2. cHoIISAgGfiMg'v

,fi/GASHASBIAMIXAAACHALAASURWALE
AGED'A3ouT_31'Y5AnS'-
0CC'HOUSE'fiDLDw V,x

3. _SHAHEE$ BECUM;V
_g Dio SHABBIRMIEAN CBALKAPURWALE
' AGED ABOUT 17 YEARS

'=4j=_QAiSAAABEGUM

. E1o_S3ASBIRMIYAN CHALKAPURWALE
AGED ABOUT 15 YEARS

APSSALANT NOS.3 a 4 ARE MINORS

.2?' REP. BY GUARDIEN CHOTI BEGUM
*A W/9 SHABBIRMIYAN CHALKAPURWALE

SSAAL ARE R/0 VILLAGE
_fSIKIRDRAPUR TALUK BIDAR . . APPELLANTS

(BY SRI SANJEEV KUMAR C.PATIL, ADV. FOR
SRI SANGAMESH R B, ADV.)

AND §%mE§Q%



1. RAVI KUI-QR

S/O MADANNA NANDI

AGE 50 YRS. OCC: BUSINESS
R/O VILLAGE HUDGI _,
HUMANABAD TALUK

BIDAR DISTRICT

1 M/S NEW INDIA ASSURANCE co LTD
BRANCH OFFICE NAIK NIvAs
SHIVAJI CHOWK OsMANAsAD_.s.
REP. BY DIVISIONAL MANAGER V
NEW INDIA ASSURANCE co LID fiv
DIVISION OFFICE GULBARGA'; '
(POLICY NO 151305/31/05/ _ ,.-,m.
01/00005670) "¢f«. '=_;;REsDONDENws

(By Sri VEERESH B ?A:IL, ADV; Eon R2)'"**

MFA IS FILED gfi/S;f73(i}flLQ?t THE MV ACT
PRAYING TO MODIFY,.TH_E=. JTJDC52-MEIQT  AWARD DATED

23.1§;é001 so As IO DNHANOE THE AWARD AMOUNT.

IHIS ABEEALSCONING ON FOR HEARING THIS DAY,
THE count DELIVERED THE FOLLOWING:

JUDGMENT

ifhisFappeal is directed against the judgment

S= and “awatdfadated 23.10.2007 in MVC No.17o/2006

pa$sed’b§9the MACT at Bidar.

é. The only grievance of the appellants is

“t¢h$t the compensation awarded under the head loss

“of dependency is On the lower side. It is not in

dispute that the deceased was 11 years old on the

date of accident. It is settled position of law

-3-
that the notional income of the deceased is to be

taken at Rs.15,000/– per annum. on the date of
the accident, the age of the deceased’s mother
was 35 years. On this basis, the ;proper

multiplier is 16. Therefore, the appellahtsW are

entitled for compensation under the head-i¢$sJ§£V

dependency as under:

Rs.15,000 x 15: Rs 2,4o,0od;w

To this extent, the impugned rafiard trequires

modificatien.ui
E3. $he.appel1ants are parents and sisters of
the deceased, flowards loss of love and affection,

the; appellants_ are entitled for another sum. of

‘_Rs,15,GO0§}__ Towards funeral expenses, the

*appeliahts are entitled for Rs.5,000/~.

,§;tNFor the reasons stated above, the

l” following order:

The appeal is partly allowed. The impugned

fjudgment and award dated 23.10.2007 in MVC

No.170/2006 passed by the MACT at Bidar is hereby

modified enhancing the total compensation from

-4-
Rs.1,00,000/~ to Rs.2,60,000/-. Remaining all

other aspects, the impugned award remains intact

and undisturbed.

3%B@$t tt

BSC