III THE HIGH COURT OF' KARNATMQ AT BANGALORE
QATEI) THIS THE 15* DAY OF DECEMBER, 2008
BEFORE
THE HOIWBLE MR.JUSTl{3E SUBHASH BADI
M.F.A.NO.1 I306/2097 {MVC3
=
1 ARQGYASWAMY
S/O MUTHANNA ”
‘l”!£A{..11-ilfik, AGED ABOUT’ 55 YEA1<'m,
w=-.s'*3.A;~L
2 ' .._TH£'.V.NEsai*IND1A ASSURANCE
COMPANY LIMITED,
CHACKMAGALORE.
– RESPONIJENTS
(35: Sri : VISHWANATH s SHET’I’AR, ADV. FOR R2)
Jzifiizhltik
MFA FILED U/3173(1) OF MV ACT AGAINST THE
~’;Ju1.)(;M1s:N’r G5 AWARD i.)A’l’ED 11/9/mm mssmu nu
MVC l’~EO.277/99 ON THE FILE OF THE PRL.CIVIL
JUDGE(SD} 65 ADDL MACT, HASSAN, PARPLY ALLOWING
THE CLAIM PFJTITION FOR COMPENSATION 87. SEEKING
ENHANCEMENT OF COMPENSATION.
This appeal coming on for admission this day. the
Court delivered the following:
JIlD%EHT
Since appellant No.1 died, memo is filed
appeiiant No.2 as the legal representative of .1. 3
Memo accepted. Since appcliant N03? is T. T
she is trcatcd as legal rcpmsentafive of 1
2. This is claimants’ cfihanfigméht of
compensation in Iespecf in MVC
No.27′?f1999 dated}. parents of
the deceased. ..
3. 5011 one I-1…}. Kishorc
accident on 21.2.1999
and succunibztgi to VVt’r.=.cV Parents claims that. he was
..studyi:i.g usécond fiat Qiploma in Civil Engineezing and was
_§:an.1iz;g4.:9″”Rs.1O,G0G/– simultaneously. Tribunal
of the deceased and also takm’ g into
j V .11si;:9.i.¥’c’::’2t4.’;1′.(:>.1;*.””-11:2 nature of study, granted compensation of
,6(}'{)..,’– towards Ross of dependency, in all granted
gmigeagauen of Rs.2,15,ooo/-.
4. Learned counsel appearing for the ciaimant
submits that, the deceased was studying Second year
Diplsma in Civil Enfinemting ané earn more than
-3-
Rs.I0,0{)(}/«. He also submits that. having regard to the
qualification and future prospects, has granted. meager
compensation.
5. Sri Vishwanath S.Shettar, 1ea:med
appeariag for the insurer submitted that, as per .
claimant had. only studied ssnc qua1jfib_cafic3iI3i#cP§3V ” 2
indicates that, he was studying,’ eigtesnja ” 455*
Engineering and he has not ccn:;p3aeted_ fee’ ‘V
there is 1:10 questicn of earning
6. It is not in dispufi: studying
second year Diploma at “ii cannot be
disputed the diploma and
had bette1’4”:1vjar<;c,atioL_.1'e3.S.€};4 " fcr'«the parents it is great 1033.
Considering '-I of the opinion that the
was second year Diplcma, in one year
the Diploma Course and started
' such circumstances into account, the
._e:__ iz1ecme' of deceased could be taken at–1east Rs.4,5{}O 1..
and if that is taken R3.3,24,000/- (2.25{)x12x12)
ganted towards the 1033 of dependency and the
"elaijmants are also enfitled for Rs.50,w0[- towaxds 1033 cf
love and afiection, funeral expenses. In all, the claimants
are entitled for compensation of Rs.3,'74,0()€)[– as against
Rs.'2,}.4,6€}{)/~ awarded by the Tribunal with 6% interest
fmm the dam of petittien till payment.
Accoxtlingly, this appeal is partly ailowcd.
*AP/ —