Tq. &-.._Dis_t.' 'Gtfiharga.
V « {{.';gyA S§;é.,S&I2tps1;Bixadar, Advocate)
' VT , The- .,I§iviSiona3 Manager,
Insurance Co. Ltd.
" ' V % Eivisiorx Offim, Gulbarga.
{N THE HIGH Comm 0;? KAR;vAfz*A.§Q§ A'
CIRCUIT BENCH AT Gupgafizfiga Cjj V' '%
vamp THIS THE I"-v'J[5A"f'<').F"'«jU-3g'1;;:_h:f$'€}§§'S?'": _
»' . V' 2
TI-IE HUMBLE MR.®'3r1cé 'A§éA14I"_:NA{;{}§RAJ
M,.1r._;;.Wgacs..'é."Q1??a(#2mQo§"'AA
B ETWEEN :
1. Vithabeiw/o V .
Aged ;ab._Léte: 'Vit23;a_1_ % %
Age: 24:3;reaxs,-. *3, _
Occ: Hoégsehold "
3. Nagnath S/"o Late V"itfi.a1 = V
Aged about 22» yeargg. " A
Occ: Studgnt '
4. V" Suzrekba D:/'0 Vithal
7 ._Ag::d' about 'BO. years,
()ccV:.*Sti1d.e:'1;;- 3;, - . V
AIIRIG Villagt: Markunda
. Appellants
RESPONDENTS
(By Smt.Pmeti S.Mc1kundi, Advocate)
different salaries of the deceased and
R’s.5,0()O/- as the monthly loss of to
family. Thus the amlual loss of
Claims Tribunal is at Rs.60,00Q/–. 3:!/’3rd of L.
towards personal expenses ‘ V’}However,
though the age of the deceased “years, the Tribunal
has committed serious emor–»in .cl;oosin5g”i;1tiltjp1ier ‘8’. As
laid down by the ofaulam Khader Vs.
United Inficl in 200.1 (.2) ma 340 ,
the pmper to have been chosen. by the
Claims If the annual loss of
dependency Rs_.V4(§,Of}0/’– is multiplied by this multiplier
.’fl1″1?,AV’ to the family of the deceased
iovv§1?[ss§;,4o.,ooo/–.
~~ “Tide Tribunal has recorded its finding that the
who was moving on the road on his bicycle, had
contributed to the occurrence of the accident and
therefore, the Tribunal assessed the contributory
negligence on the part of the decmsed at 50% and thereby
,…»».._5,
occurred in the middle of the road, no evidence whetsfcever
is placed on record, either by the owner or by
of the said vehicle as to hoW;,Ath_e
contributed to any extent to the
On careful rwding of the itngiuggxed A’§_t_:”‘ccw.:ld
seen that, as rightly suhmitted_:4_l:hy:.fi2ej’ leetlrned for
the appeBant«claimants;”-“no. assigned by
the Claims that the
deceased the accident to
the extent of :”,;.;;;;;. V ‘V A
6. the facts and circumstances of
the case, the documentary evidence placed on
Vfeccrd-why»-.”nthe ..clain1di’i’t¥lzappellants, I am of the considered
‘ ” 4vt§1e\.i.~Cia1’ms Tribunal has gwossly erred in
holdir-lg; that deceased contributed to the occurrence of
” to -the extent of 50%. Further, I hold that that
A accident was solely due to the negligence on the
part; of the driver of the bus. Therefore, the appellant-
Vd claimants would be entitled to the entire amount of loss of
dependency of Rs.4,4{),000/~ as against Rs.1,60,()OO/ —
awarded by the Claims Tribunal in
judgment.
7. The Claims Tribunai
amount of cexnpensation to 2. [£0 the
children of the deceased,..V.unde’f love and
affection’. Therefoie, I IeeV1″=.=_,’I’V33? Rs.10,000/-
in favour of 3 under the head
‘lass of love e1e2f s.}5eoo0/_ awarded by the
Claims figfiexmz and other incidental
expensee “i_s ,.=efieIefore, I hereby award an
additional of }V§0 ;OO0/- under this head. Thus,
” ‘me V eI””‘ceinpensati0n, which the claimants
Lsha1i_’be~ee;i§i::%e@%: te would be Rs.4,86,000/–, the details of
‘ V’ wixiehgire asiigizierr
Toweefids loss of dependency .. Rs.4,4-0,000/–
if . fI’6x~vards less ofleve 315 affection .. Rs. 30,000/–
(I-<'s.1o,ooo/– x 3 )
Towards funeral and
other exmnses .. Rs. 16,000/~
Totai Rs.4,86,000/~
8. The Tribunal has awarded inte;r’estf :.. tI:e
amount of compensation from the date flog»
from the date of petition. It is i ‘.
interest has to be awarded *
Therefore, the claimants _it’ltCt5BS{ on the
total amount of ‘ R.s3d,’86,0OO/– inciuding
the amount enhanced per anum from
the date of K payment. The
claimant tbe deceased shall be
entitled amount of compensation and
each of being the children of the
deeeas;ed,t..shetli’-»beeltlttfled to 20%. 50% of the share of
I-fitV.e1ej:1f1at1t3=No.’1~,_sha1t’be deposited in any nationalised bank
of her fore. period of five years, with a direction to
the Abanker the interest accrued thereon or the said
‘of deposit or any part thereof shaii not be
to be Withdrawn by her during the said period of
‘ years without the permission of the Claims ‘I’ribuna1
‘ ” eoncemed.
9. in the result, the present “ix;
part and the award shall be modified in__tl??;.:
The 2nd respondefit-iilstufir shall!’ ”
of campensatien with interest thereon, 8 _fWé€%;s »
from the date of receipt of the §