High Court Karnataka High Court

K Muniyandi vs V Hitesh on 3 November, 2009

Karnataka High Court
K Muniyandi vs V Hitesh on 3 November, 2009
Author: Mohan Shantanagoudar
IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 3*"? DAY OF NOVEMBER, 

BEFORE

THE HON'BLE MRJUSTICE MOHAAN"Si-lA"NT;¢\&%\(-;_O§}'i3Aii":
M.F.A. NO.4687/2O'O.8_O'EMVCY   1 ; 
BETWEEN:     V' 

1. K. Muniyandi

S / 0 Kuppan
Aged 54 years

. Smt.    

W/0 K__.. 'I\/f'(;".'4I"li3.'A;K'7,_aIf:?.(Z1i'    
Aged  yc;a1:s   '

. H;ir'iku'mafr_

S/=0 K. 'Murry-an'di.T  

Aged 16 years   F; E  ET

SinCe*1I1i11 or Vrep" by» his.

Father 8: fiatural 'gua'fdian
, Petitioner "I69, 1 .

O' ' V.  Aliliafre. R'/..a Konappana

 Cify"{"}3a11gaIore.

"Agr--ahafa.,_ Electronic
. Appellants

(By sm"sE;§ipad V. Shastri, Adv.,)

AND  "

..n~...............-.------

O   Hitesh

S / 0 KB. Venkataram



N0.124, 3111' Main
A.G.S. Colony
Anandanagara
Banga1ore--56O 024.

2. Oriental Insurance Co., Ltd.,
No.12, Next to Canara Bank
Bellary Road, Hebbaia
Banga1o1"e--560 O24   A       
By its Manager. .   ' ..Resp0.nde'11ts_. 

[By Sri A.M. Venkatesh,   .

MFA Filed under .S€CtiQI1"'1-73(1)-»Qf M.V.' vA.ct.--against the
judgment and award "dated 120'-'12s-.20«O7 passed in MVC
N0.3O84/2007 on the fileof'etkiep.vl45*v_l_Add]_, Judge, Court of
Small Causes, MACT, ABVangalo__re;[SCCH.é1.Ci, partly allowing
the claim petitionf' fc5r~ cornpensaztion and seeking
enhancement of;:co'map'ensationf' _  

This 2 MIE1l'g_ co2min_g?:on 'F33: fj a: hearing, this day the
c0urt_.de1iVe1"~ed the .f011.oWing : --.  V  

5- ..   Vtcslainiants' appeal praying for

  of vccttnpensation awarded by the Tribunal

 0 

,2.' {dilute to the accident that occurred on 17.4.2007

 it at about 1.30 p.m., the son of appellants 1 and 2 herein

 nafnely, Mugilan sustained severe injuries and

xv/"7



Consequently he was shifted to Baptist Hospital.
Bangalore. During the course of treatment. the
deceased succumbed to the injuries. The Tribunal

having held that the driver of the offendingVgyehiciesyvas

solely responsible for the acCidenet,:: 

Rs.3,12.00.0/-- under various   

p.a. from the date of petition ti11.gti1.e dataeigof' 

The Tribunal has rightly' that  respondent

Insurance Compa1’ty”‘~._ is.’ pay the

Compensation.’

-.Thotig’h..jiéthefiiribuiial is justified in awarding
adequate’ ” under the heads of

tratlsportatiorr-~andg’funeral expenses. love and affection,

gal:-d of__ estate. has erred in awarding lesser

under the head of loss of dependency.

‘ ~. Mother of the deceased is aged about 43 years.

A Tribunal has adopted the multiplier of ’12’

\/>

However, in View of the judgment in the case of Sarla

Verma 82. others vs. Delhi Transport Corporotion

and another, reported in 2009

appropriate multiplier to be adopted’ is’h’Vi’é”14′;:’.’I,It “it.4_’_i:s

the claimants are entitled to

head of loss of dependency.:Vpi’.”e_,p, thariii

what is awarded by the Trib’uria1–vhe1,ow. it

5. Sri appearing
on behalf contends that the
Tribdna} 50% of the income
towaijc1S._ of the deceased since the

decea’sed a bachelor.

‘V The~.._V_V’I:’ribtv1:r1a1 has deducted 1/3rd towards

. ‘p.ersor1ai-iéexpenses of the deceased. The Insurance

not filed any appeal. Therefore, the said

coéiitehtiori of the Insurance Company cannot be

2 » it accepted.

fix/3

7. Since the compensation awarded by the
Tribunal below under other heads is just and proper,

the claimants are entitled to enhanced compensation of

Rs.48,000/~. Accordingly, the following ord_e”1”iSf~~. %

The appe11ants–c1aimant;=: are .aw:ardedl ‘

compensation of Rs.48,000/»a¥«._ (R_n’pees_.,A. forty”

thousand only), in to :’eofrtbe’neation’
already awarded by the ys%i’t}1″Vi31’1teres§t at
6% p.a. from the the date of
payment. IRs.48,0O0/– shall
be &)Int.Veerarnma1, mother of the
deceaaedeapbeilakritty herein. Award shall be drawn

a.C®tdiI1g1y.tid eeeee r r

partly allowed.

Sd/-

JUDGE

‘V§*c1§A/bsn–