High Court Karnataka High Court

The Divisional Manager vs Smt Shantawa W/O Gurupadgouda … on 13 January, 2010

Karnataka High Court
The Divisional Manager vs Smt Shantawa W/O Gurupadgouda … on 13 January, 2010
Author: V.Jagannathan
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD V ._
DATED THIS THE 13th DAY OF JANUARY, 201,62 ,
BEFORE A fu@RI,
THE HON'BLE MR. JUSTICE V. JAGANNA«I.fPIAI~IA,.,: 7 

MISCELLANEOUS FIRST APPEAL ,NO.2078'6/TQOOVSVV V' ,
C/w MISCELLANEOUS FIRST ARPEAL N1O«,,2o.359 '/_:2cQ8'~ =

IN MFA 20786 2008

BETWEEN:

THE DIVISIONAL MANAGER,  
NATIONAL INSURANCE COMPANY  -- 
LIMITED, DIVISIONAL OEEICE,. '  _ ~
SUJATA COMPLEX, P.I3.ROAD, IIUI'-3LI.':: .   
--  I  'v.j~..__.]APPELLANT

(BY SMT. SUMAN HEGDE, A-DVI) 

AND:

I. SMT. SHANTAWWA;  ., .
w/  GURUPADGQUDA SHIVANAGOUDAR,
AGE ABOUT 42 YEARS, .OC:::; ROUSEHOLD WORK,
RESIDING AT PALE'~vILLA'GE,' TO. RUELI.

2. GIJRUPAD'AG,OUDA HOLIYAPPAGOUDA
VSI{--IiVANAGOUDA,R, AGE ABOUT 52 YEARS,
-QCC;.AGRICULTURE,~R/A PALE VILLAGE, TO. HUBLI.

'  "RANJEET'RI5{JUBHAl RATHOD, AGE MAJOR,

,.OC€_:_ 'O,wNER_ QF TANKER BEARING
. 'REGISTRATION NO.KA»25/A4948
A 'RESIDIN'G.AT GANESH PETH, HUBLI.
  .  ...RESPONDEN'I'

 (BY SRI. DINESH IvI.'I<:ULI<ARNI, ADV.)

AA  TRIS APPEAL IS FILED UNDER SECTION 173(E) OF MV ACT

 __AGAINST THE .IUDGMENT..,.AND AWARD DATED 2.7.2008 PASSED IN

MVC' N049?/2006 ON THE FILE OF THE PRINCIPAL Ci'/IL

 .IUDGE(SR.DN} AND ADDL. MACT AT HUBLI, AWARDING



 (BY, SMT: SUMANV HEGDE, ADV. FOR R2)

COMPENSATION OF' RS.3,-42,000/~ WIT}-I INTEREST AT THE RATE OF
6% P.A. FROM THE DATE OF' PETITION TILL THE DATE OF DEPOSIT.

IN MFA 20369 2008
BETWEEN:

1. SMT. SHANTAVVA,
W/O GURUPADAGOUDA SHIVANAGOUDAR, _
AGE 42 YRS., OCC: HOUSEHOLD WORK,'  , 
R/O PALE VILLAGE , TQ. HUBLI, I ~
DT. DHARWAD.

2. GURUPADAGOUDA,    =
S/O HOLIYAPPAGOUDA sHIvANAG'O_UDAR,  ' --
AGE 50 YEARS, OCC: AGRICULTURE,' '-
R/O PALE VILLAGE, TQ.__ HUBLI,___._ 'I
DT-- DHARWAD. '   

  _     APPELLANTS

(BY SR1 DINESH M. KULKARNI, ADV;-}, P   " -.

AND:

1. RANJEET, /O IéAJUEHA,1'IRA'P--H'O'D, 
AGEIVIAJOR;.OCC-:::,I3USI.NE-SS, " '
RESIDING ATQGANESHPE'I°,_HII_ELI,

DT. DHAR'wAD.= -., I

2. THE DIVISIIONAL MANAGER,
NATIONAL INSURANCE CO: LTD,
SUJATA COMPLEX, P.B ROAD,
IFIJBLI; DIST. DI-IARWAD.

I "    """ " ..REsPoNDENTs

« I  TH1S"_'*APPEAL IS FILED UNDER SECTION 173(1) OF MV ACT

AGAINST,.THE--_IIUDGMENT AND AWARD DATED 2.7.2008 PASSED IN
MVC NO-..49G,i'2006 ON THE FILE OF' THE PRL. CIVIL JUDGE(SR.DN]
AND ADD1, MACT, HUBLI, PARTLY ALLOWING THE CLAIM PETITION

FOR COIVIPENSATION AND SEEKIN ENHANCEMENT OF
 COMPENSATION.

THESE APPEALS COMING ON FOR HEARING THIS DAY, THE

 =  COURT DELIVERED THE FOLLOWING:



DJ

JUDGMENT

Heard learned counsel for the appellant in.suran_ce

company and also learned counsel for

claimants in both appeals, which arise Q.’.~it~..o’i7,t1’*ie: same

award of the Tribunal. W

2. The Motor Accident Claims’–.’f’ribuna.li.iias,allowed ._

the claim of the respondent–clairr1ants and ‘sum of

Rs.3,-42,000/w and liability on “till: appellant-

insurance company.

2 for the appellants submitted
that the case ofithei before the Tribunal was that

on,/ accident occurred when the deceased

.i Sh.anl<.ar:gouVida Shivanagoudar, who happened to be the son

0_f"i.t_h;ei"cili;ain*1air1'ts, was standing along with his friend on

PB"."Road. his friend was having 8. motor cycle and at

i that time a tanker bearing No.KA 25/A4948 came in a high

i and dashed to the boy who was standing along with

~~-his friend and the motor cycle and following the said

g 2'

motorcycle and at that time, a tanker came in a rash and

negligent manner and dashed to the motor cyclist anéi*–.»also

to the deceased boy. The boy died on the spot

injuries. The documents produced by the

the above aspects of the case. Nojei}id'ence'l..pis toshoizvx

that both the vehicles were in motiolndwhen'

occurred. Therefore question offthpe deceasedgbeinglamplillion V

rider does not arise nor the..rquesti.on__of any'-contributory

negligence arises for consilde1'a't.i.oln,~'

6. So far as V.the.q11antum is «concerned, income

taken thehigher side because of the
admission’ madel she was able to secure the

document from the printing press as the said person was

8CqfiaiQ~tCd..t_With ‘her—–a11d therefore much importance cannot

Vbe”giy’en:ito”the–.income certificate produced at Ex.P–9. As

such,’ the has to be taken at Rs.3,000/– per month

andlaftle: deducting 50% towards personal expenses, as the

deceased happened to a bachelor and also in View of the

Court’s ruling reported in 2009 ACJ 1298, the

compensation payable to the petitioners under the head of

dependency will be RS.2,7O,000(1,50OX12X15}V”.f ‘a.Dd

conventional amount given by the

Rs.30,000/– is kept in tact. The c0mpensati.or1_A’_te.Vvwetiiich tttiet ..

claimants will be entitled win bet’ R:§_.:3,s3d«,_QOQ/Q

interest. Thus, compensation gets’*–reduced.bj,fi ‘a ‘s1,17m'”of

Rs.42,000/–. To the said extetn:t;t»the appeaiks ttétiiiottazed in

part. Both the appeaiszjstandpin thevtéibeve terms.

VJJ: MFA 20786 ,/xzozors

10 /02 /2010 C/W MFA 20359/ozrorcsa H

ORDER ON FOR BE1;§Io SPOKEE§f”_TO’:: _ Q i’

Heard learned counsel for the it

When the matter is takeriup for to,
in the judgment 26 the total
compensation shall /– in place of
Rs.3,90,000 in deposit be

transferred to Tribunal.

In t–:ner¢ausje No.49?/2006 shall be

read as Mvcrrrsioaéej
a ” 3 ‘ Sdf”

….. E’. ‘