IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED TI-HS THE 26TH my OF AUGUST, 2009
PRESENT
THE HONBLE MRJUSTICE K.L.MANJUNATH Z" ' A
AND
THE HON'BLE MRSJUSTICE B1Q2(.N';aOARAjf§{IuA'~ 5' A
M.F.A.NO.99'SC.il"i'2oo6'" V
BETWEEN: A 1'
CHIKKATHAYAMMA _
W/O. KEMPEGOWOASAGED AB'OUT*'~4_S'YEARs,
R/AT NO 25S,v..1o'm '
MANDYA ' '
MANDYA D'..ISTRI'CT._ 5_ *
V ...APPELLANT
{By SMTE' BHUSr§ANi';_OKUM_AR,' ADV.)
~~~~~
W/GOA' C PUTTASWAMY
' 'AGED .ABOUT 40 YEARS
NAG1a1,1r¢GF;SHwARA MOTOR SERVICE,
. 3RD CROSS, SUBHASHNAGAR.
VMANDYA CITY
S 'I'Iz-IEIBRANCH MANAGER
» V «NATIONAL INSURANCE CO LTD,
13.3. NO 54, V.V. ROAD
MANDYA
. .. RESPONDENTS
TI-IIS MFA FILED U / S. 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED 15/ 4/ 2006 PASSED
IN MVC NO. 1454/05 ON THE FILE OF THE ADDLDISTRICT
81 MACT H MANDYA, PARTLY ALLOWING THE CLAIM
,4.
PETITION FOR COMPENSATION AND SEEKING
ENHANCEMENT OF' COMPENSATION.
This MFA coming on for ORDERS on thi.Vs"'.4
NAGARATHNA J, delivered the following-
JUDGMENT
Though the matter is postedl’1’fo19..’,Aorders;
finally.
2. This appeal is filed one Asha seeking
enhancement of pclomperlsatiorl her death by
challenging j_. “the 5lT:.’ .._;’1logy;-11,: illhxrard passed in
Mvc.Nq..14t54~,’.:;’oos_c1atc¢1 by MACT, Mangalore.
3. The ‘1*e_levar1t fa’ots.– case are that on 17.10.2003
the deceased Ashauras going in a motor cycle bearing No.KA–
_fifro_rn Mandya towards Gulikoppal as a pillion
theyewere near Chikka Mandya. a bus bearmg
No.KA–2__140§}57 came in a rash and negligent manner and
:”‘dAasphed*a:gair1st the motorcycle. As a result, she fell down
0’ and sustained grievous injuries and she was shifted to
3./«’~%é1ndya General Hospital, Mandya where she d1ed. Imually
her parents filed the claim petition seeking compensation on
account of her death. 1%
/.
4. After service of notice from the Tribunal, respondent
No.2 appeared and contested the matter. Based on the
evidence produced, the Tribunal awarded cornpensation» of
Rs.1,64,000/- with interest at 8% p.a from
petition till realization. Subsequent to the displofsalfo:ffi’thefts M
claim petition the father of the decea’s’eti«wh*o
No. 1 died and thereafter the mother of the decleaseid
this appeal seeking enhancerneritvppof_cornpei:isation.V”‘~,””
5. We have heard the appellant
and learned couns-§el.__for :.he”re§épo_naf¢n;, .. ” if
6. Itfis V’ of the appellant that in the
instant casethe deceased aged 28 years and her mother
was 48 yearsat the time of filing of the claim petition.
..deceaSe-rihevas working in a printing press and was
la Rs.4:OO0/-p.in. However, the Tribunal
V . has the notional income at Rs.2000/- which is
.rnea.ger. “$he further submits that the award made on the
e._ccnVentional heads are also on the lower side and therefore
appeal be allowed by enhancing compensation.
fie.
7. Having heard the counsel and on perusal of the
material on record, it is evident that the deceased was not
married and she was working in a printing press and though
her income was stated to be Rs.4000/–p.m, there
corroborative evidence in that regard. However, we xthatj’ it
the Tribunal has assessed the notional’ inconie at V
p.m which is on the lower side. We therefore.._.as,sess.:the’3
notional income at Rs.3000/ lconsidgerfingi ‘fact °
that she was not married, 50% .is–.deducted*vtowa§1*ds her
personal expenses and “4’lteepirigE*»igI71 ‘the age of the
mother as 48 years the that would be
applicablemlisi’ ejorfipensétibfi of Rs. 2.34.000/– is
awardedxg in a sum of Rs.30.000/~ is
awarded towards. conventional heads. thereby making the
“V”«..tAota-lid’ €;o:Iripensation~—-«’V at Rs.2,64,000/– instead of
;:awarded by the Tribunal. The enhanced
cornpensatiioiri shall carry interest at the rate 6% p.a from the
‘gudate ofpetition till realization.
‘ 8.; Out of the enhanced compensation 60% of the same.
it “along with interest accrued thereon shall be put in a Fixed
Deposit in any Nationalized Bank for an initial period of five
years and the appellant shall be entitled to draw periodical
/E…