IN THE HIGH COURT OF KARNATAKA AT BAN GALORE
DATED THIS THE 23% DAY OF OCTOBER,"
:PRES$ENT:
THE HON'BLE MRJUSTICE N.K;'?.}&i1§1L'~»:: O' 'V
A1\'\'D:=._V _ A
THE HON'BLE MR.JU.§frIcE.;i'.'3.KEryi?g§kiy;§{1'_i': 3
M.F.A. N0. 57'4E3V'.TQF 200V5'-.'--1\'/i_:\f_JV':
Between: .
1. P.Narayanappa, v
Aged about 'E54-_yea1rs, " _ -
S/0. Putt£:Iir:gaiah.:=._ =
2. Seethaifi1m_éf.'_,.w.""' ~ A -
Ag¢d%__about"=£¢é:y¢a3:s'; O O
Wfo. P.'P€a:'ayaf;app'a;...A'
Both are /-at.' Ch_&TI1-Tf_1 uaii,
Banavad1'-Post.
Solur Hb-bii; Magaa: 'I'a1uk,
13anga1ore--"55Q O68.
" **** ....AppeI1ants
' VjS:v'.i._v.4R.:C}¥andrashekar, for M/s. Lawyers Net, Advocates}
;«\r1d:'
3
--.-......a......_._..
j I. Tfavels,
A Repty. By its Prop. K.T.Rajshekar,
A 'Np. 321/3, TSP Road,
* ._Qpp. BMC Kalasipalya,
Bangal0re--560 O02.
2. The Divisional Manager,
New India Assurance Co., Ltd.,
No.4, Lakshmi Complex,
21" Floor, K.R.Road Fort,
BangaIore--560 002.
{By Sri. D.S. Sridhar, Advocate for p_ .y _ ' _
Notice to R1 dispensed with V/o dated 10/ 0.8/12005} i_j
=i==l<*=1=$*5l=*
This MFA is filed U/s.,173(1")A.of Mva.Act; vagainstvdtheiii
Judgment and Award dated: 2.5'/~' 01 / 200.5 'pas"sed":inlMVC No.
4912/2003 on the file of the 1.<'1:m_ Addl. Judge; Cotiirt of Small
Causes and Member, ;MACT,,}3%a--n'g'3Idr'e City, (SCACH-10), partly
allowing the claim peétition.' for ccI_np_e'nsation and seeking
enhancement of con1Pensatio'i1,":"» .
This «Hearing this day,
N.K. PATIL J; delivered the followingv:.__...~
by appelllants is directed against the
impugned aiidjzawarci dated 25/01/2005 passed in
MVC No. létth Additional Judge, Court of
Small __fCauses" Klan-d-«"Membe1*, Motor Accidents Claims
' 'l7ribugnailV,"l':3'a1::1"g'alore City [SCCH-10}, [hereinafter referred to
as '"Tribu1'1"a1_' for short).
it .'VI4'he Tribunal by its judgment and award has
awarded a sum of $3,045,000/'-- under different heads with
e interest at 6% per annum from the date of petition till the
" "date of deposit, as against the claim of the appellants for a
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I
sum of ?12,73,000/--, on account of the death of the
deceased Sri. Lingaraju , in the road traffic accide,nt.l_l
3. In brief, the facts of the case are:
The appellant Nos.l and are the"'p.areritVs "of
deceased Sri. Lingaraju and they ha'«*elA.filed.a-.c1'ai1n:petiij'on
before the Tribunal unde1~..___secti"o-nil' 1.63-Ala'
claiming compensation of of the
death of the deceased"':..in accident that
occurred on 28T7.2O0.3g_at'due to the rash
and negligentfl.' bus bearing
Ladies Hostel, Sirsi
Road is the further case of the
appellants was aged about 23 years, hale
and healthy Worl:ing=_as"' cleaner and getting the income of
per Inlontlrvand looking after the welfare of the
V his untimely death they suffered lot. The
said'ic1airn'spetition had come up for consideration before the
Triblunaii; The Tribunal after assessing the oral and
if dolctunentary evidence and other material available on
file, has allowed the claim petition in part and awarded the
4
Z, MM.»
compensation of ?3,04,000/-- under different heads with
interest at 6% p.a., from the date of petition till of
deposit. Not being satisfied with the compensatioiil.'
by the Tribunal, the appellants have presented lappealpfor .
enhancement of compensation.
4. We have heard the lea1'r1edA'counsel 'tine ,
appellants and learned counsel» for respondent-
Insurance Company. . V V ‘V V
5. After careful t}.1ev’m’atei’ial available on
record at threariblare. judgment and
award it emerges that, the
occurrence. death of the accident in
the dispute. It is also not in dispute
that deceased about 23 years and working as
Cleaner_:’ The Ti’ib1i.nal has assessed the income of the
‘deceased,;;itAA”‘§’3,O00/– per month for calculating loss of
the same is just and proper and we accept
the44″sanoreiVxAs per Schedule» II to Section l63–A of
ifllp/EQTV-..lAct, if the income of the deceased is taken at
$3,000/– per month, the appellants are entitled for a
compensation of ?6,48,000/– towards loss of dependency
since deceased was aged about 23 years. Out of if
1/3″ is deducted towards the personal
deceased, the net amount comes to.”‘?4′,~f_§2,,O0Ovj’: and»_
accordingly, it is awarded.
6. As per the saidi’schedVu1,e’,” the ‘~’.v’:~–j’1″pE:)«;,>.}.,1Vo?’;l”1’l..;’ES
entitled for a sum of . of estate
and a sum of expenses and
accordingly, it’.iS 1 appellants are
entitled ifA’of%?i’i§6,5OO/- instead of
; .,
the appeal filed by the
appellantvspjis and the impugned judgment
and ;aWard pa’esed’byv.’the Tribunal in MVC No.4912/2003 is
hevrebyirriodified, avsrarding the compensation of ?1,32,500/–
6% p.a., from the date of petition till its
rea’I.isat,ivo11.Vdi.naddition to the compensation awarded by the
it The Insurer is directed to deposit the enhanced
__compensati0n with interest, within a period of four weeks
from the date of receipt of a copy of this judgment and
award .
Out of the enhanced compensation
a sum of ?50,000/– with proportionate interest: he kept»
in Fixed Deposit in any Nationaiized_—or; Slchetdtiied
the name of each of the appel__1anti\’os’.] vfo_r”a..’3periodd’
of three years and renewabIell”for anothenithreevvfyears with
liberty to them to accrued on it,
periodically. H A L V» b V l l
The isiiriri with proportionate
interest of the appellant Nos.I
and imrriediately on deposit by the
Insurer}. 4- V V it E
3 . is_:di1*ected”toldraw the award, accordingly.
551/ ‘ii.
‘ Judge
Sd/~–
Judge
tsn*