High Court Karnataka High Court

New India Assurance Company Ltd vs Smt Nethravathi on 5 January, 2009

Karnataka High Court
New India Assurance Company Ltd vs Smt Nethravathi on 5 January, 2009
Author: V.Gopalagowda And Swamy
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COMPANY LTD; V   " _
REPR. BY DEPUTY   "
RKALINGA RAQRGAD , '  
BANGALORE '   '-
REPRESENTING NEW'-ENDIA

NEW INDiA.:ASSIti.AP ;A.N§'E'..: 

*ASSURANCEV."E'.0'; 

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MINOR, 137 RESPONDENT 13 THE

WIFE, 2″” as 3*” RESPONDENTS ARE
CHiLDREN OF DECEASED

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REJPR. BY R1 &. ALL ARE R/A
GANDHI NAGAR,
am moss LAXMINAGAR ‘
KUMTA

4 PARAMESHWAR BHARAMAHNAVAR’ _
BELGAMKAR *
R/A NEHRU NAGAR POST
ALNAVAR %
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(By Sri P.MOGALi–ADV ‘FOR R1 ”

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13:31:’ U’I”I’AR KANNADA …AP’PELLAN'{‘S

°’_{By Sri P.G.MOGALI-AI)V)

1 PARASHURAM BHARAMANNA

BELGAMKAR

OWNER OF’ GOODS TRIJCK
N0. KA~25] 7476,

R/A NE!-{RU RAGAR POST
ALNAVAR

DIST. DHARWAD

reported in ILR mos KAR 3809 (U!IIO!I'{) E ‘ mIA Vs.
x.s.LAmHm mmnm. The the

multiplier 8 to the m1fl§iplican’ci*’»

compensation under the bf °’i9.’s$ “of -i

In View of the t3’3.é’ * the
deceased was $0 less, the

loss of dependéiagy -on the lower side. The
same ito ‘fly applying thfi proper

multiplier applied by the

of Division Bench decision of this

– is right but the age of retirement

13 as 58 years instead of 60 years.

‘ID’ has to applied to the mxxltiplicand to

at the amount of loss of dependency.

8. As per the salary oexfificatc Ex.P-4, the

H daoeased was drawmg a gross salary of Rs. £3,466] – per,

month. Out cf ntzis, Income Tax of Rs. 1000/- and
Pmfcssiona1″§’ax of Rs.I00/- per month have to be

PM

deducted. The loss of dependency would _x

12 = 1,61,592/— p.a. Out of

Rs.13,200/- is deducted, lie T

Rs.1,48,392/~–. If Rs.49,464/;el.l 1/3l’lx~;ggte’l oiflfctliafle’

annual income is
the resultant If this
amount is mulfipfied. ”10′ on the
basis of the total loss of
depeI}clel1cy’7e§”;Jl:l1.e to Rs.98,928 x 10 –~«

9,s9Q%80§ ”

‘9.u ‘Rs. under other conventional

headsLislatee_:V1eee, ere Rs.15,000/- towards loss of

w _ A~ towards loss of consortium. The

not awarded any amount under loss of

leee Eaflection, We award Rs.10,00G to each minor

AA and the widow. The sum of Rs.2,500/-

for funeral is very low and we enhance the

V .—ésame tn Rs.10,0®/~. Thus, in all the appellants-

claimants are entitled to Rs. 10,69,280 together with

interest at 8% per annmn as awarded by the Tribunal.

M

10. For the reasons stated;

M15300/2003 filed by ‘

dismissed and MFA 5320/2693 fixes: is

partly allowed. The judgaegt aha
is modified as indieated ‘The company
shall deposit the together with
interest vufourie of receipt of the
copy of ff V ”

of the year 2001 and
at ‘to 3 herein were aged 17 and
15 Ha may have attained majority. We direct

teHel’eA1)osit 50% of the amount awarded

interest on such amount in the

flames’ the appellants with liberty to them to

the periodioa} interest for their personal and

expenses. The bmance 50% shall he paid to

equally. The appellants are at liberty to withdraw

the deposit amount if need arises by filing application

fax

before the Tribunal, if such application is filed ._ u

shall be considered and dispflsed of on merits. ‘ ‘ ‘ ‘ M

MP-bpy23109 H