High Court Karnataka High Court

Chikkathayamma vs Oriental Insurance Co Ltd on 4 March, 2009

Karnataka High Court
Chikkathayamma vs Oriental Insurance Co Ltd on 4 March, 2009
Author: V.Gopalagowda & N.Ananda
IN THE HIGH COURT OF KARNATAKA AT BANGAI;QREwV.: "   

DATED THIS THE 04TH DAY OF  ~2w§{ L  V:  

PRESENT

THE HON'BLE MR.Jus'rIc$>'ui,j'{3Ai;A.Gox;}1:§A"'~ "  

AND

THE §~ION'BLE MR'L;fiaISTiC,vE§.V]§}. A§§Ai{Ii3.A
M.F,A. 1_~so.1f76'5;  .. " " '

BETWEEN:

1. Chjkkat1;ayafiin35a.V_V _ _  
W/0.vi{.S;'1"}*2ii£zma}f§pa._(Lsg€c) _ 

Aged ;1_ho1_;t, 36'--jr:a;'s~ _  

2. K.T.S1*fiiIva sa ' -- .A V 
S] 0. Late 
Agcgi.' abgut 16 }*_§:aI's

   _____ ..
 ' Sic. 1K.._S.Th:E1;1mappa (Late)
 Agfifid ahéut léycaxs

  .  .
j Sfo.  K.S.Thimmappa
 Aged ab,-ziut 1 1 years

"  am 1*] 0. Fort, Kunigal Town and
Appciiant N032 $5 3 are rep. by their
  fiaturai guardian]
 mother, appellant No. 1. ...Appe11a11ts

 Sri M.V.MahcshWa:a;ipa, Advocata)



JUDGMENT

This is a ciaimants’ appee?:i’A”‘ibr. &e1′:1&ha1ieei13e§1t’–:V:of:

compensation. ” V ‘

2. We have heard the

3. The claim pefifiqn. was
of deceased was aged about

38 years at the_”ti__me «if have

adduced evideziee _pm§fe’_dtieat deeeélseddddivas working as a

salary’ of Rs.6,500/~
per moxifh. ._ was a milk vendor. ‘Fhe

c}a1’mants’dha*’§e eiedd eesegee. that deceased was earning

Rs.2,(}f}(},’: icy}? supplying miik.

., \:’3-‘S employment of deceased with Vasavi Oi}

cxmcrete evidence apart from we pay

regieiers that deceased War drawing a salaxy of

per month. Therefore, we have to determine the

of the deceased as milk vendor. Taking the age and

aveeation of the deceased, we deterxtaine income of the

~ dddeceased at Rs.-4~,OOO[~ per month. The deceased was

maintaining his Wife and thnee children. Therefore,
N

Rs.1,()O(},f– is deducted towards the persona}. expenditure of T

the deceased. The multiplier appropriate to the age of

deceased would be 14. Thus, the capitalized

dependency would be Rs.5,04,00{}/— (Rs.3,oo0/~,g”1’2<' .

We award compensation of Rs.4O,OOQ[V– l1I1d€i""\?':):I:iV:t3fV11é:fiOI}.&.1_:" " =

heads'. Thus, the claimants "to <:§m1eA'

compensation of Rs.S,44,000]

4. In View of the above, we file

e§eRDfieee;e* Q ”

The appeal is accepf.Veg:1:T’ award is
modified. Com§_;efis;:§§fien:3._of§ V:-iwazded by the
Txzibunal is ::I’€j”$’.»’j-»’e’.’§,.«:4’~4;;e’l3{)’\’:)§v]’#4 with interest at 6%
per til} the date enf
rea1isatia:’Sn..” The e : Cempany shall deposit the

enhanced the ‘Tribunal, Within fem’

* the ef–modified awaxfi. L D

Sd/-

Judge
Sd/–

” z 1 Iudge