High Court Karnataka High Court

Smt Bharati W/O Annappa … vs Shri Raju S/O Narasuddin Alase on 12 January, 2010

Karnataka High Court
Smt Bharati W/O Annappa … vs Shri Raju S/O Narasuddin Alase on 12 January, 2010
Author: V.Jagannathan
AND:

1.

SHRI RAJU, S/O NARASUDDIN ALASE
AGE MAJOR, OCC: BUSINESS,
R/0 KRISHNA KITTUR ROAD, AINAPUR
TQ. ATHANI, DIST. BELGAUM.

2. THE DIVISIONAL MANAGER,
THE NATIONAL INSURANCE CO. LTD.,
DIVISIONAL OFICE, RAMDEV GALLI,
BELGAUM. * I

J _ …RE;SPONDENTS V

(BY SR1. SURESH S. GUNDI, ADV. FOR R2,; ~ * ”

THIS APPEAL IS FILED UNDER SECTION 17<:s'('1I';j AVcT_"*.

AGAINST THE JUDGMENT AND AWAF<D_ DATED_9;'5/2-QOSPASSED IN '
MVC NO.1714/2005 ON THE FIL E01?' THE III ADD_I,."c–Iv1L JUDGE(SD}
AND ADDL. MACT, BELGAUM PARTL_Y_ ALLOWING THE CLAIM PETITON
FOR COMPENSATION V AND :SEEK_ENG " ENHANCEMENT OF
COMPENSATION. – A D "

THIS APPEAL COMING ON._FO.R’ c{RD.ERS DAY, THE COURT
DELIVERED THE FOLLOWING: * — ,1 1 I

IIII ‘- G T
This¢appeai~ iS” finally in View of the short point
i1’1VQ:;VéCigf0i’ cOi’1Siderati’on.

_i’i*he ciaimants are the appellants herein and

are aggriPe:ve”d by the quantum of compensation awarded

bythe ..__Trib’t;InaI. It is their case that deceased Annappa

:.”h.uLsban’dsOf first appellant was working as a mason as Well

I ‘asareontractor and t refore income taken by the Tribunal

. I

is on the lower side. Loss of consortium amount is also on

the lower side and also the reduction to the personal

expenses of the deceased. Learned counsel for the

sought enhancement of compensation urging’ the…lVaho»’vlel V’

grounds.

3. Whereas the submission 2 of the learnedv counsel

Sri. Suresh S. Gundi for thelllinls’urance”company is that
income taken by the l..’l'”ri–bu1–:ial§. and age of the

deceased was 34 years.

4. heard” ljoth. sides, income could

have beenl’tal§e,n / filperlimonth as the evidence of
the wifleis that was a mason and was doing

contract work also; consequently under the head of loss

~'”~,__of ._’:dlepe_nde__ncy,hl”ta–1<:i.ng the deduction of 1/ 4th towards

personal 'e;s{pens_es, as there are number of dependents left

byllthe income at Rs.4,000/- per month and

multiplier l6, taking the age of the deceased as 34 years,

V' l..j}.1i::a-ex the head of loss of dependency, the amount will be

ixgorlted to Rs.3,O0O)¥§16m5,76,OOO/W. MACT has given

. #

Rs.3,60,000/-. Under the head of loss of dependency

enhanced amount will be Rs.2,16,000/–. Towards._:io!ss.V_of

estate, Rs.10,000/– is awarded, towards loss of _

a further amount of Rs.10,000/– is awar_dcd.«..:.:f.Th~tjs«,A the 'v

compensation gets enhanced by

carry interest at 6%. Apportic-r_1menVt.ar11ong

will be as per the order of the Trib.1jr1a1.

Appeal is allowed "in't«'part*

kmv