&  myshra; cmamheaua P Pulil, Advocaln)
V 1 The Branch Manager
-:l:-
IN Iflfi fllfifl COURT OF QAEEATAKA AT
BANGALORE
DATED THIS THE 23"' DAY OF MAY   L  % 
BEFORE:      %
THE HON'BLE MR. JUSTICE   
MISCELLANEOUS FIRST  1  % %%
BETWEEN:       
5895   
R/'c-uB§a;mapu'r "   
Taluieand    ',tK<_:'ppal,
; New resfizlizig '81 C30 Iuyavva
3  wxjo 'ivladiwalat,
 "  Hotel,
' " V   Circle
  
  % %  APPELLANT
United India Insurance Company Limited
P.B.No.7S, Lazmi Bazaar,
2
%   xvsm of Vehicles Act against the gnaw and award
 'dstbe!:_(}!j'('i8i2{X}6 passed in we no. 5212092 on the me ofthe
"'Ad:il.  cem  (Sr.Dn) &. Add}. MACT, Gadag, partly
H V' . enhance" szfneniof compensation.
_    " 4_  Miscullanwus Final 15% coming on Ibr having
'   gran day, fine Com delivered the following: ~
Dhummi Complex
Chit1'adurga--577 501.
2 A Mahantesh
S/0 Adiveppa
Age: Major  _ '
000: Owner Of Tempo  _ __ V
bearing its  _  
Reg.No.Kn-0l--M-4484,  '"
Taiuk Hiriyur,   ' " ~ , _
3 Sml.Lalilav_va     
W/o     _ 
a:1dI*E1'§ot:s~?Lho1ti;'.. .   
   " 
'3£'a1uq"and   .
(By Sim" uM,U  for Respundcnfi No.1)
shrj. code "I€agaraja'-, Advocate for R-3,R-2 dispensed
~  Miscisiianiatxaxs First Appeal is filed under Section
al'iQvi?ing_ .t'i'zé_ Aélaim petition for componsanb n & mm' g
$5
 
JUDG&T
Heard the Cmmsel for the uppel  and   «  
the respondeni.
2. The fimls as are Jxgluvmgi---§:§fr"L!h6   appeal
 that   motor accident
invulving   which, a claim was use
for  H "i{f'jg  was
emgioyed as a   vehicle (Bulldozer).
The Tribunal  wmg ..w.H.a;..g  has Edam [he
i.n-mgij     *'~'a,¥.,3is.SV§}-"per dayamd W "W , E9353'
  Further in awarding the
  25% of 113:: amount in favour of
    in flavour of tin: widow of the driver.
2   lhewiow befun: this Court challenging the
  uf the income of the dweasui and to
g
apportion higher amount of compensation in fiiveafsi'
appellant.
3. The Counsel fur the Wnmiwwm  gm 
d% was admittedly mvow; if;  §vhi1a 
opcraling a bulldozer      who
0f :1 bulkitnzégfiv  lhemfom wuuid be
earning  """   1" _   The
Tribunal has unnpiemxy  this aspect of the mum-
a:1d__hcnLw:_£§h& smo;1::'i.. .;.,;np¢nsaaun would have to be
  _lhal the: inunmc of the (1% was
 
    he wcmld paint out lint since. the aqapellanl 'm
4:$hc £§;*ould now receive and being class-I rm, lhe Tribunai was
  juslified in making unequal dislzibuiion of 25:75 in flavour
g
of the appellant llfld the thin! respondent   
would submit that then: is no justifisatigm K
unequal apportionment mt! that he
be div1ded’ equally in thvourV’u.ti’i;§1e t t;? ‘third
L
submit um % lion am the ram
that the was no evidence of
the to operate a bulldozm. In
such 91 nnpunsatk m on the basis that the
aw téami:§g%Rs.so;– per day and themfims the claim
V .1 xsis ‘not justifiul. The insurer not having
award by itself would not entitle the appellant to
the 11% was a driver of n Mllécmsr, in the
 of any evidence mu! hence there is no case Rx
Hmhuncement.
3
6. Insulin’ as the nppmlionmwa of _
compensalicm is concmned, lhc for ‘*
submitmmhehasmatyinwemutifi. A’ 1 ‘V ‘ V
7.11″: Counsel ram hand
would submii lhal imam k% is ennoemed,
having is aged and nu ma
its discmlion has awmdud a
Inge; the third reaptmdcmt. ms is
{incl am they both are am- I knit:
. regard In the relalive age of the claimants.
‘ H the Counsel would submit that Emu is no warrant
on the ground ofappnwtionmmt.
6
T X mi}./55% in favour or the thin! rcspumdeli
9. Itmofar as the appuafiunment is M
claimants both are class-} heirs, tho I-iitaeiéi ”
Ac: the Tribunal was juslified in
lowanis the widow and icsscrmeaam: lfie~-
However, lhc a 25°x6;.ig;
and 75% in favour of the [tin]
juslified. 1: would be mgr of
bakmw 65% in ra:«o¢£or£u«; %
Tzmam-. ,.:»…4;w;.;;., hohlug that line
a ‘”:$:.i_ compemaliun of
and apporfimud at 35% in sum or
Judge