IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 20TH DAY 01+' SEPTEMBER. 2010 BEFORE A ' THE HON' BLE MR. JUSTICE B.sREENIvA.s9§E"(}€)1W1m.
Miscellaneous First Appeal No… 5427′ hef” ” »
Between
L Sri Nagappa,
S/O Sharanappa _
Aged about 4~1’Y ‘ars -. .
Occ–Nil. ~ ‘
2. Nagan1_mE:za1′,v-._ V _ ‘
Ageati a?#J01it’§/JLQ _ ‘ ‘
0cc~HousEw11″e ._
D/O. Nag3%P1_3&’ V.
Agegi eabout .Ye–ars
‘V All areV’ReVevidin:g at Jambusavari Dinne,
‘ iJ:P”N agar 8″‘*”Phase,
_ Ba11ga1Qre.
. Appellants
H “‘v.[B.y”sSmt. M C Umadevamma, Adv.)
.1 Lingeserl,
S / O Krishnan,
Age — Major,
Venkatarayan Pettairroaci Street,
Damal and post, Kancheepuram
at and T Q and Dist.
_E~.J
The Manager.
New India Assurance Co. Ltd.,
Regional Office, Near J C Road,
New Mission Road,
Annex to Unity Building,
Bangalore.
Re spon dents L
[By Sri. R Jaiprakash’;’i«s;¢§§tiV. for”Ri2′;s
R. 1 — notice dispense_d l’h}’.ilZl1.,V/ o. datveAdVA,’23.07. 10]
This MFA is filed Li/s_ ii7j.3[‘ii.sifMV Act against the
judgment and award “dated: 5passed in MVC
No.5092/2oQ7inithein¢ofihsyanimmn.Judge,coum;
Of Small .Mger§§1t5er,_”MA(3’T}”‘Metropolitan Area,
Bangalore; ‘”_{.S1(“3v(3}’_’i’_–l.Vl’«i.(V)_–«..__1 53.), partly’ allowing the claim
petition fo.r’:coiI1pens-at’ivon and seeking enhancement of
on for Hearing, this day, the
Court, delivered the ..fo”llow1ng:
0fl01§DGMENT
sake of convenience parties are referred to
if * asthey ‘A–éiji”–:eVA’1-eelferred to in the claim petition.
AA 2. .0 Eirief facts of the case are:
That on 09.06.2007 when deceased Raja was
it 2 ._.i§go1ng on his bike on the extreme side of Bangalore ~
Tumkur road in front of Preethisagar Hotel, near
T. Dasarahalli a lorry bearing registration No.
TN–4l–9191 came from back side in a rash and
negligent manner and dashed against him frorri
as a result he sustained grievous injuries’,.”lIr1njediat_ely*
he was taken to Ramaiah'””‘H’ospital.; he i’
succumbed to injuries on
Parents and sister filed
Bangalore seeking ._ / — and
the Tribunal all-fclolrnpensation of
Rs.3, Aggrieved by the
vthelgclalimants have preferred
of compensation.
3. t.here regarding the death of
deceased the accident, negligence and liability
insurer of the offending vehicle, the only point
._ ‘that”1’e’I_n_ains”‘for consideration is:
‘ -. VVhether the compensation. awarded by
” _ the Tribunal is just and reasonable or does it
“call for enhancement or reduction’?
4. After hearing the learned Counsel appearing for
the parties and perusing the judgment and awardof the
Tribunal I am of the View that the compe-njsation
awarded by the Tribunal is not just
is on the lower side and therefore’ it is dese’rVed’Vlto be 7
enhanced.
5. Deceased Raja was at tilne of his
death in the post mortem
report Ex P and sister of
deceased’ contention that
deC€:a–se.d– p.m. by doing Mestri
claimant as PW 1 have
not prod.:;cedflVanyv_document in this regard. In the
,_of pr’o'”vf–oi” income, considering his age as 21
V “time of his death in the accident and year
l’of’laccide7i_1t’ his income could easily be assessed at
Rs.4»’.”:,Vt_)AiZ)0/– p.m. As deceased was a bachelor 50% of
income has to be deducted towards his personal
expenses. The multiplier has to be applied as per the
age of his mother who is 40 years. The multiplier
applicable to her age is 15. Accordingly, loss of
dependency works out to Rs.3,60,000/~ (Rs.4,000/- X
50% x 12 x 15) and it is awarded
Rs.2,52,000/- awarded by the Tribunal.
6. Rs. 16,400/~ awarded tewa;-ds;hafspieai-fehafrgeeaand
medical expenses, Rs.lE.l_0O.Q/– awarded ALl’I’1dw€1’5€aCl’1.f’
heads of loss of love and V_affeCtion, lossopf estate and
transportation of deadTbodyi.a.n’d–lef;;neral expenses are
just and proper and : theyi::do_:r1ovt _ call interference.
7. Thus ‘are entitled for the following
compensation: TE’ « T
1), T _Los.s ofidepeadeney Rs. 3,s0,ooo/-
2) .V Loss of love. 81 affection Rs. 15,000/~
; l ” 3) of estate Rs. 15,000/–
E4) Transportation of dead body
_ _ funeral expenses Rs. 15,OOO/–
” _ 5)” Hospital charges and
Medical expenses Rs. l6,400/-
Total Rs. 44,21,400/~
Accordingly the appeal is allowed in part. The
judgment and award of the Tribunal is modified to the
extend stated herein above. The claimants are entitled
(5%-
_ lgvb/_
for a total compensation of Rs.4,21,400/– as against
Rs.3,18,400/– awarded by the Tribunal with interest at
6% p.a. on the enhanced C0mpensati.5n\’..,,vof
Rs.1,08,000/- from the date of claim p’etitionVVi’tii1i*
date of deposit.
9. The Insurance Conipany isidirected: the’
enhanced compensation within
two weeks from theidate ‘COPY of judgment.
Out of the :V”iE'{‘s.75,O0O/- with
proportioiiatce tofibe invested in F.D.
in for a period of six
years __amount with proportionate
interestiiifihh reieased in favour of all the
cia3Lina’rits in equ~ai« proportion.
. “‘N’o.,order as to cost.
Sd/1
fudge