..rt~5 ,1- IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THFS THE 2473 DAY OF NOVEMBER 2008 BEFORE THE HONBLE MR.JUS'l'ICE SUBHASH 3.59} : :' ~ 3 M] s. ICICI Lombard General insurance Company Limited, SVR Complex, Hosur Main Road, Madivala, Bangalgre. Represented by its Manager (Legal) (By Sri. " AND: 1. Sim. . % W/0, Late Agazfiabéut 45 yca1§.____A _ j 3. Aged abcuiv years. ' % Vasuldy' Agetiabout 17 years. :5. Lokcsh Kumax', about 12 years. Respondents 2 as 5 are chilclmn of
Balu Kumar and respondents 4 as 5
Since mixzors they are rcpntsemzcd
B * their natuml guaniian methcr
R.,spom;le:nt No.1.
” APPELLANT
“tbs; cf awarded by the Txibuxaal.
V stated ‘§;44¥ia.t,””v..I*;.1is1;;>a11<i of claimant No.1 died in a road accident and
'as a painter. The Tribunal taking the income of the
at Rs.-1,(){)0/– per month and consficring his age,
VT the loss of dependency at Rs.4.32.0(}OI– and in all.
‘ Rs.5,00,()0O/ — by way of compensation.
All are R[at.No.35,
2″ Cross, Baba Saya Palya,
HAL 2″‘ Stage,
Ineiiranagar,
Ba11ga1oz1:- 38 .
6. Surezsh Kumar.
S/0. Munhathnam,
324, 6’5 Main Road,
HMT, Layout,
This Misc. First Appeal filcd un-;ie1* vSc€:ti5<n;1….1V73.{ 1) (if V *
Evl.V.Act against the judgment and”-aiisaxd dt:
in MVC N0.-5G73[2007 on the file ofV- _Addition’a1 Judge; Member,
MACT, Court of Small Caxasgs, $CCH~2′(“}, ‘awarding a
compensation of Rs.5,0D,O(}Qi- With; iniji-:1f6st”@ 6%» pa. from the
date ofpetition tillpayment. ” _ ” –.
This Appeal taming inn for: Adm:Z%.$ion”:this day, the Court
delivered the fo1ls031ViI1i§:.V- I . 1 ‘ _
This is ‘tfie Insurance Company questioning
H ” the wife and ch11dn=:I1’ ofthc deceased. it is
3. Lczarned Counsel appearing for the Insurance Company
submitted that, them is no evidence as mgaxd to theuof
the deceased at Rs.4,{){)0/- per month and ‘_
axpenscs of the deceased, minimum 1_}»3″.*._i$
not 1/4&1. The Tribunal erroneously Iias i’ 1§:
deceased at }9.’s.4.{}00/~ and has’j§9v;*<pzngl)–fA'c!.eV.§ciL1¢tf;§iv'
of 1/3"'.
4. No doubt, the de<jl1:1-31,:".i£;f:1 towards
personal 14*'? 2 have been at least
1/3", but No.1, it shows
that the a1¥€"1vV€1 c:c1dent has taken place on
1.6.2637. vxit :is«.nét– as regard to the cost of
living in would have earned much
'mgr: 1,50/V-A' Even taking the income at R3150/–
'eo._111c to Rs.4.50{}j- per month and after giving
V ("if would come: to Rs.3,000/- and the Tribunal
4;app}icd the deduction, but quantum determined
.4 reasonable. In View of the same. E do not find any
interfere with the judgment and award of the Txibunal.
.\_,x’
Accordingly. the appeal fails and same is dismissed. The
amount in deposit be transferred to the ‘I’ribun.aL
KNMI –