High Court Karnataka High Court

Irawwa vs Mohansingh S Rajaput on 21 July, 2008

Karnataka High Court
Irawwa vs Mohansingh S Rajaput on 21 July, 2008
Author: Jawad Rahim
1

IN THE HIGH COURT or KARNATAKAV j%

cmcurr BENCH AT GULBAR§5~;  i    AL

DATED THIS ms 215T my ofiiugaé  

THE HON'BLE Mfl._§'U$T'fCE  
BETWEEN: A   

SMT.IRAWWA""  % 
W/Q~vMALLAO=?PA moamokkgmw)
ace: aousaaono wonx
R30  %  7  

  %TAi-UK EILAAc;ou9A, Aw. FOR R-2;
R-1 I5 seavea)

F1

WE/«



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M.F.A. IS FILED UNDER st.-:-c.173(1) of Mom: VEHICLES
ACT AGAINST me suosnam Am AWAR_.9_ -DA.T'ED
8.11.2004 PASSED IN Mva:' r;ot only ha" lacome,
but alsei.   hm affection. The 2"'
clairfréiif   loss of mofluarly
love   1*' cialmant-huwmd sought

compenséflcfi far less bf consortium.

   was rw% by the rumndmw, Le.
   Thar defbnm was that ms was In

qfiiesfifih  not Involved, and even If It is bad to have

   Vmfivoived, the deceased was sowy Wank for
'  of the accident. They atso dlsptaw im women

"   "and Income.

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d) The Tribunal based on me material propeslion In

the pleadings, formuiamd 3 Issues  _tha

evidence tendered by the claimants.  

died during the pendancy o.-{i' 5ih"e« 

claimant lead evinnca at.-f._ P\N1A:'aa6 --  "aB§ '§4'aa§appLa
Hadapad Navl as a    
regarding nwItges§'::g_   Four
documents were  {which Incline copy
of F.I.R.,    marten report
and  driver. on war of an
  and marked.

'  maumgaaaanber of the Trauma, coamorsag

"t;f:¥e" _ocul.ar ..  evidence, aw flu

  contaaflon that sufferance of lnjurlm by

V'  her consmuent death was the rasaat of

 "aaa!--§c'e':$§{" act on the part of the drive' M an vetwc In

 .. , aquasfion. Consequently, actlenabie wrong was fafiemd on

V'  and vicariously, that owner was held ambit fior

F paymmt of comwasation, ismirancn company is dimctnd

to lndmmify the Insurm in turns of the stmaanu poiky.

rt»
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f) To quantify compensafion, the Tribune!
the evidence that decased Gangawa was 

and was a cache. The learned  

dnsbwevm that deceased had  of as.m,;;p«e.y  1 

and on his own, fat safeto  
pm. and on that basis, 
Rs.2,70,000/~. Butitdf  claimana
died during the thshf pewon, km of
dependenc;*;r'*éh§fse.  This is new
oniy  as compensation.

3.   the appefiant 3 justified In
agsgliirfithg   and consequent determination, as

   re;7a';r;*4a--i='a7isaI of the matmal on recorded, I m

V  approach of the Tribune! is «mucus an

't '  aséqfigrftlflcauon Is coneemw.

4. .. __The findings on faca amwd at by the Tribunal thfi

2   Vttim death of Gangawa was res-uit of mam' «hide

 atcident caused by tha negligent act of the drive has not

been chailenged by the insum or Insured, and thus, it has



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reached finality. The claimant seeks enha-nmmgnt and

hence, the following aspects need considarat.ic»h::'V"..V

1) Inceme or the deceasw: As  
concerned, respondents though    ii

of the dacused, they d%d,__.netA’di#7p°a1to
begin on accwted algmiio. The
accident occurmd iri4″_t’i=.a The ciairnants had put
forward the plea Rs.10e/- per
day, but $’fhé:;Ti1’ri?.3;vii*:Aal€ down to Rs.5&/- by

1111 i**’h’$’é’cmnot Products! and

_ ‘ . of the decaasod

“d§tas.3,o9dx:icrdp.m. by cooiie work. In

, th’e..§hsen§:e of this factor, I consider it

. appropriéte to caicuiata irvcoma at
r”ag.z,soo/- p.m.”

sdciafobsewauon, it is nodes: that an dniy ground

x for’ rgmmg the peumners’ dflm was that they had not
in any docurrmzt. Since R is net in fisputo that an
decaased was a cooiie, one can hardly am any

documentary evidence to pmvo her irmmne. It is for dds

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reasen, raiitia are to be kept in mind In fixing flattncmm

for the purpose of compuflno loss of

relevant factors are nermai wags paid to 4_
the date and year of accident and~thg
An elanent of hypothesis Is jiléhigfi 2

not be unreaitstic to the of Lin’

2001, the wages pans to §t..g§}6!%¢”«~wau§d” my lass mam
Rs.75/- per day. !t”‘I5:–nb3y for an tmslfied
coofia. nonnaiiaf._ thei:scs:g1s;%s§::ma taken at Rs.100/-

per day; at hater urnlng.

tnfiféiiié thme foams: Imame n
on amine and we of the
dgcaasetit Ther6f6i’*e,ti’ijtI-no at Rs.59/- per day as time by

A Yeibuaal Iét toiwtha lower side and was mud to fix It at

dgy which wanna be Rs.2,250/- pm.

1_ of the dmasw: Apart from the actual
eamlifig, vc!-auimants need to be coxtted towards ms of

n s;’e:jv:c$ rendered by the deceasw as mother and wife.

This factor has aiso been Ignored by the Tri-hami and

H therefore, at law: a sum of R.s.750/- pm. has to be mded

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ta it towards loss of services. Thus, for that of

computing less of dependency, the a-ctua_!g€ah 7; A’: of

Income 4» component sewlces evaIua1m.£>_f _

has to be added which corms ‘ i_ j

5. out M the hf
to be deducted towafds deceased
which aim us has m,1,5oo/- pm. am
Rs.18,000v/1-_j:’p_._a., v_:ha}s.V_’_th fimuttlphud by 15
muetspuer§h as.2,7o,0oo/-. To
this, 12 x 15) has to be added
toiearcas _’re’§dcrad by the «cum to the
cla!:ha”‘n.f;fs. _ of dependency would be

%&}s.4;as,ooo;–%;

the Tribunal has calcuiated has of

‘A at Rs.2,70,G00/-, It has redum it on tha

T ba’s*5§*that one of the daimants was dud. That was aiso

3 ‘v.._h?s’1propa’ exmzise. ‘ms is because compensation so

determined becomes part of the mm of the 633%

and hence, such dwucaon omy on the basis that one of

gs;

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them is dead, needs interference. Therefore, the–surviving

ciaimants would be entitled to the amount as

above.

7. Besides, the csaamgfnt oso “jibe

compensation unda conv’enfion§§£_ti”eaos
amount spent for funerat and
loss of iove and thl CIWMYI!
is enfitied to of mothefly ion
and carg, and taboo and
Rs.1o,ooo;§ In all Rs.4o,oou/-.

8k “I3 apps! is mowed in part. The
impugoéxl is modified, animating the

Rs.1,00,000/_- to as.4,45,om/~. The
t V’:’_’onI§-_o{§c§§”6…:fai}jount shun carry I-nwm at 6% 33.3. from the
‘ an discharge by flu insurance oorrmwy.

Judge
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