IN THE HIGH COURT OF KARNATAKA AT
DATED rms THE 5th DAY or AUGUST 2
PRESENT
ma: HoN*nL1: MR.JUS'1"ICE V_.fiO2AL§ " % R
AND
THE I-ION'BLE nm.JUsI*:mIi:. Amati 5
msc.Fmstr APPEAL No.3; 3 2065 1
s/0
AGED ABOUT;4«5__
OCC:NIL % A M
R/AT VIJAYANAG' ..S'U}3BANNA GARDEN
BEHIND B"I'S"B.US
BAEIGALORE' ~
N 'W/O sHAN§{A;?.APPA
AGED "ABOLfir'42 YEARS
R/AT V:£JA'§;'ANAGAR SUBBANNA GARDEN
--V BE1%111<:':.} BTS BUS GARAGE
BANGA,£;ORE '
% 3 7 8:318-URESH
/0' S PA
AGED ABOUT 26 YEARS
% R/AT VIJAYANAGAR SUBBANNA GARDEN
BEHIND BTS BUS GARAGE
BANGALORE
a,_~('"\'"'\._._..«
int
4 B VEERESH
S f O S PA
AGED ABOUT 25 YEARS
R/AT VIJAYANAGAR SUBBANNA GARDEN "
BEHIND BTS BUS GARAGE
BANGALORE
%
(BySmt:MCUMADEVAA/IMA,ADV';.V"" % 1
1 MGBALAJI V *
NO 62» 1, 3RD CROS:-5..%"DOD£;ANr~£z; EXTENSION
7TH MAIN, SUBBALAH FALYA
BANGALORE-43 ~ " .
2
ORIENTAL &c :m;>
RESII3EN.CY ROAD
BANGALORE
% a A ' RESPONDENTS
H {?:_3_V3/”.AS 1.:.r.1″!:;V: aAR3fi1smvANANDA FOR R2 )
-min ‘V’FbfL;EI3§;;.”£J’/S 173(1) 01:’ MV ACT AGAINST THE
1 AWARD DATED: 19.10.2004 PASSED IN
MVC NT0.4%190/2003 ON THE FILE OF THE 13TH’
‘”-‘-.’i.*’AI_.f)};’}L.JUI§!.3E, MACT–4, COURT OF SMALL CAUSES,
: Six?-JGAL.ORE {S-SCH No.4), PARTLY ALLOWING THE CLAEM
PE}’i’ITIO1§ F012 COMPENSATION AND SEEKING
” E’NHA§NCEMEN’I’ OF COMPENSATION WITH INTEREST AT
T “/é..P.A.
THXS AFFEAL COMING ON FOR HEARING “H1113 DAY,
ARALI IEQGARAJ, J. DELIVERED THE FQLLOWING:
(»~.C’~””\,,-
3. The ‘I’ribunaI has taken the axmuai income qf the
deceased at the rate of Rs.15,000i- only i.e., at the
Rs.5()/- per day on the ground that as on *
accident the deceased was still a student :and nee: eéi1′:;i11g: V’
anymixxg. This approach of the _
Even in respect; of the claim’ I§3-A_”ef “Meter V
Vehicles Act, wheiein the pot to
plead and prove the Ixegligelexeejoii driver of the
vehieie causing the ‘a(:_c:ide3f._t1t,§ iI1C()I1′,l€ of the
deceased weuid Ie§te’et’V}£2s.3,0OO/ – per momll.
Since the 22 years and was student
eextairfly he in his life and he could have
eéifiied RhsV .V4’,’i3<)()/» to R-$5,000/– per month soon
edueafion. Therefore, we feet that the
"*e'I;1ds of be met with if the loss of dependency is
" 'V'V£:'5v§17ixIVXi§}.AtCd bfzffaidxlg the inceme of the deceased at the rate of
per 113.onth. Since the deceased was a bachelor
this income is to be deducted towards his personal
I} 'nexpexlses. Therefcre, his contribution to the family of the
éppeuants could be Rs.2,00G/– per Inomil Le., Rs.24,00{}/–
4:':/v~,2yLum..–
per mafia.
f–.r\.—-d—v*
4. Since the clairnants are parents and elder brothers of
the: deceased the age of the younger parents is’ .1
considered for c:stimati11g the loss of deperadexxcyfl
age caf the appellant-ciajxnarlt: No.2
of the deceased was 40 years’ as on 901′ . J
proper mlfltiplitl’ to be adopteabc. “tikjt I1et’
annual 1033 of dependencggof ia ‘ixiuliéiplicd by
this maulfiplicr ‘:4’ the ma ms a§a»aacncy, which the
claimants shall ‘ flto would come to
Rs.3,36,OO§}]3’ the same to the
6. iflivlii éaalmitted an error in awarciing a
– tawards funeral and other
iI’1(§i{1<:'n'_£aiaA and Rs.5,00(}/- towards loss of estate.
We f1aref_§3I these sums to Rs.10,000/- under each
' " the Tribunal has not awarded any axnount of
caaipéxzsation towards loss of love and affection and we
award Rs.10,000/- in favour of each of the appellant-
Nos. 1 to 4 under this head. Thus the total amount
of compensation which the clajx11ant–appcfia11t Neal to 4
together shail be entitled to would be Rs.3,96,000/- with
(..""'r-\\""\…–~
interest thereon at the same rate as awarded by the 'I'1'ibunal.
i.e., 6% per annum, fI'0II1 the date of petition till of
payment.
7. For the zeasons af01*esaid,,..,£he p_1’eSez17Lj is
ailowed in part with costs. The _ 34
together shall be entifled total of. L’
Rs.3,96,000/- as againsft. Rs.V1e,\?u¢O;Q0@..{~ hawardeei by the
Tribunal, with interest thue£e_0n’* of 6% per
annum from the of da;fi:e’ef myment. The
award sixaflbe bf this judgment. The urder
of the to app-ortionmeixt of the
afiioizgzst’ the appellant-claJ’.ma1’1ts and
e la of the respective shares of the
Mtge fixed deposit accmmt is left. undisturbed.
I*espor1 §ieI1t~JI1surance Company shall deposit into the
enhanced compensation with interest theieon
‘. six weeks from today. i
e sd/–
Tudge
Sd/-
Tudge