ix.)
UDDAPPANA HALLI, SAGAH S§"ZffOI{l{EE'~
CRUSHER, NARASAPUR£x,_ '
KOLAR DIST. '
THE REGIONAL IVLANGER _
NEW INDIA INSURANCE
NEW MISSION R0913-I '_ V.
NE:ARJ.C.ROAD,
ANNEX TO UNITY EDVI'LDING,L
BANGALORE..__ '
Fx.)
_ . . . Z ._ "~...,..A7...RESPONDENTS
(BY SRI.p.Ei.’RASII’:’ .E}2;”{ .
NOTICETO R§I–L}1$PENSED WITH ji//O DATED:6.3.08I
:I4EA “”IL;If;D ‘II/S4:’IA.?3(II OE MV ACT AGAINST THE
JUDGMENT AN’D’j’-»IAWAI*II_5″*– DATED:13.’7.2005 PASSED IN
MVC NO.,5556/G3′ FILE OF THE WITH ADDL.
JUDGE, IvIEMEER_._ I’;{IACT, COURT OF SMALL CAUSES,
BANGALORE, SCCH No.10, PARTLY ALLOWING THE CLAIM
-‘*~.I,_PE~ftI’*I>IQ.N FOR” 11111 COMPENSATION AND SEEKING
,ENHANC.EM_I:~NT OF COMPENSATION WITH INTEREST AT
I’2% ‘PA-.._
‘I’HfSVbVAIT.5P}f;’AL COMING ON FOR FINAL HEARING THIS
I:IAY;’ MANJUNATH J., DELIVERED THE F’OLLOWING:~
L A I I JUDGMENT
claimants have filed this appeal Seeking
-_€V£1hé’I1CéII1€1’1t Of Compensation awarded by the MACT,
__C§Ourt Of Small Causes, Bangalore City dated 13.7.2005
passed in MVC NO,5555/2003.
2. The appeilants/claimants are the legal heirs Of
one Es/IaLha’DODb Kham 21 dfi’i7fi’1′ aged abaui 45 years.
£3»
They eontended that en l6. lat;
when the deceased was preeeedingdrivirigvlthe°lor1*y”g
from Bangalore to Kolar, ‘Tipper
lorry bearing Regn.No.’K_A driver
in a rash and from opposite
direction driven by the
deeeasedf he sustained multiple
injuries to the injuries while
shifting’ ” to Hospital, Hoskote.
Aecordingto the deceased was getting salary
/~– p,m: — per day as bata. The Tribunal
. di«shelieviiig”the same, assessed his income at ?3,000/n
into consideration the number of
dependerits’; deducted one~fourth of income towards his
personal expenses and by applying the multiplier of 13,
“:l”_ass.e’ssed the loss of dependency at ?3,5l,OOO/- (323250
12 X l3). In addition to that awarded a sum of
“€24,000/~ under the conventional heads. Thus; in all,
awarded compensation of ?’3,7″5,C}OO/~ with interest at
6% pa. from the date of the petition tiii realisation.
;;:~v
Being not satisfied with the Saree, the pfese:1t_.Vagg;:Ve’3j1VV
filed.
parties.
4. The I8?’-?hedt'””” V4e.:j’?”‘»§v7:1t1*I._S hot f less than ?’.6,000/- and
therefotfea the by the claimants in the
Claim , pettttieh etleo in the evidence that the
wag salary of ?6,000/- Cannot be
t__tteee§ted-te – $111: “exaggeration and therefore, he requests
the eourt feeehsider the entire evidence and prays to
aflow the appeal.
‘A Per contra, the learned counsel for respondent
it
.2’-Tetielnsuranee Company supperteti the impugneeé
jtidgrhent and award of the Tribunal.
gee
3.
3. We have heard tihe-.__Iee.rhee1 the”
6. Having heard the learned. Acsunsetfor’-[Ethe
parties the only point ts be eansiidreredddbgft ‘LES,
appeal is, L’ % A __ V
‘Whether the ja_dgrnenst…ajrrd “a_ward”passeti by the
Tribunal is just anddppreperi. ‘ calls for any
interference?” V I .
7. Ac{1’rni’t:t.e’d3yV;–.the”deceased—was a driver. He
died while dis:c’h;argtng_’his dutiesgv as a driver. Therefore,
the aV:ocati’cin{5.iVs net inrdisputedfidd V The accident has taken
place salary payable to a driver of
the lorryueohuld been less than ?5,000/~– pm.
Therefore, we asvsesés the income of the deceased at
‘d it ‘”?5;’GOO*/4 month and $30,000/~ per annum. Out of
the dependents of the deceased are four
in per Saraia Vermae case{20{}9 ACJ 1298},
one–fo:1rth is deducted towards his personal expenses
loss of dependency is assessed at ?-45,000/~
ppia. Censiderirrg the age of the deceased at 45 years as
on the date of accident, We apply the appropriate
muitipiier of E4 and determine the toss of dependency at
?€,:3Q,OClC2f« {?ii~5,C:{){f} X 14}. In addition, the ctairnants
& J’
are entitled to 3′-410,008/» towards eonventienalts:i*;eea.:§s;
Thus; In alt the claimants are e_3ftt§t_£_ed t;e”‘ ‘
ef?€3,70,€}O0/~. A ” ” ‘ ” ‘ ‘
8. In the result, we pass thVev.fei1ew”in§, ” ”
‘- = u
1) The appea}. is allowed
ii) The judgment’ ve:f–._the “”I’r”iVb1ma1 is
modified and are entitled
to a tota§.::eQmp§e’fisa1it0nL — as against
33,’? tt Tribunal. The
enh2itI1,§:ti.(“iV Vtveeines to ?2,95,0{)O/-
p.a. from the date of
the *
iii) .%§nha§teed compensation, ?2,00,000/~
V, with prepeftiortzite interest shall be invested in the
the appellanbwife of the deceased in
“aatijcinalsed/scheduled bank for a period of
t’ The balance amount with interest shall
ubereléeased in favour of the appellants / claimants’
saw;
Eségg
IS Séggfi
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