IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 3*"? DAY OF NOVEMBER,
BEFORE
THE HON'BLE MRJUSTICE MOHAAN"Si-lA"NT;¢\&%\(-;_O§}'i3Aii":
M.F.A. NO.4687/2O'O.8_O'EMVCY 1 ;
BETWEEN: V'
1. K. Muniyandi
S / 0 Kuppan
Aged 54 years
. Smt.
W/0 K__.. 'I\/f'(;".'4I"li3.'A;K'7,_aIf:?.(Z1i'
Aged yc;a1:s '
. H;ir'iku'mafr_
S/=0 K. 'Murry-an'di.T
Aged 16 years F; E ET
SinCe*1I1i11 or Vrep" by» his.
Father 8: fiatural 'gua'fdian
, Petitioner "I69, 1 .
O' ' V. Aliliafre. R'/..a Konappana
Cify"{"}3a11gaIore.
"Agr--ahafa.,_ Electronic
. Appellants
(By sm"sE;§ipad V. Shastri, Adv.,)
AND "
..n~...............-.------
O Hitesh
S / 0 KB. Venkataram
N0.124, 3111' Main
A.G.S. Colony
Anandanagara
Banga1ore--56O 024.
2. Oriental Insurance Co., Ltd.,
No.12, Next to Canara Bank
Bellary Road, Hebbaia
Banga1o1"e--560 O24 A
By its Manager. . ' ..Resp0.nde'11ts_.
[By Sri A.M. Venkatesh, .
MFA Filed under .S€CtiQI1"'1-73(1)-»Qf M.V.' vA.ct.--against the
judgment and award "dated 120'-'12s-.20«O7 passed in MVC
N0.3O84/2007 on the fileof'etkiep.vl45*v_l_Add]_, Judge, Court of
Small Causes, MACT, ABVangalo__re;[SCCH.é1.Ci, partly allowing
the claim petitionf' fc5r~ cornpensaztion and seeking
enhancement of;:co'map'ensationf' _
This 2 MIE1l'g_ co2min_g?:on 'F33: fj a: hearing, this day the
c0urt_.de1iVe1"~ed the .f011.oWing : --. V
5- .. Vtcslainiants' appeal praying for
of vccttnpensation awarded by the Tribunal
0
,2.' {dilute to the accident that occurred on 17.4.2007
it at about 1.30 p.m., the son of appellants 1 and 2 herein
nafnely, Mugilan sustained severe injuries and
xv/"7
Consequently he was shifted to Baptist Hospital.
Bangalore. During the course of treatment. the
deceased succumbed to the injuries. The Tribunal
having held that the driver of the offendingVgyehiciesyvas
solely responsible for the acCidenet,::
Rs.3,12.00.0/-- under various
p.a. from the date of petition ti11.gti1.e dataeigof'
The Tribunal has rightly' that respondent
Insurance Compa1’ty”‘~._ is.’ pay the
Compensation.’
-.Thotig’h..jiéthefiiribuiial is justified in awarding
adequate’ ” under the heads of
tratlsportatiorr-~andg’funeral expenses. love and affection,
gal:-d of__ estate. has erred in awarding lesser
under the head of loss of dependency.
‘ ~. Mother of the deceased is aged about 43 years.
A Tribunal has adopted the multiplier of ’12’
\/>
However, in View of the judgment in the case of Sarla
Verma 82. others vs. Delhi Transport Corporotion
and another, reported in 2009
appropriate multiplier to be adopted’ is’h’Vi’é”14′;:’.’I,It “it.4_’_i:s
the claimants are entitled to
head of loss of dependency.:Vpi’.”e_,p, thariii
what is awarded by the Trib’uria1–vhe1,ow. it
5. Sri appearing
on behalf contends that the
Tribdna} 50% of the income
towaijc1S._ of the deceased since the
decea’sed a bachelor.
‘V The~.._V_V’I:’ribtv1:r1a1 has deducted 1/3rd towards
. ‘p.ersor1ai-iéexpenses of the deceased. The Insurance
not filed any appeal. Therefore, the said
coéiitehtiori of the Insurance Company cannot be
2 » it accepted.
fix/3
7. Since the compensation awarded by the
Tribunal below under other heads is just and proper,
the claimants are entitled to enhanced compensation of
Rs.48,000/~. Accordingly, the following ord_e”1”iSf~~. %
The appe11ants–c1aimant;=: are .aw:ardedl ‘
compensation of Rs.48,000/»a¥«._ (R_n’pees_.,A. forty”
thousand only), in to :’eofrtbe’neation’
already awarded by the ys%i’t}1″Vi31’1teres§t at
6% p.a. from the the date of
payment. IRs.48,0O0/– shall
be &)Int.Veerarnma1, mother of the
deceaaedeapbeilakritty herein. Award shall be drawn
a.C®tdiI1g1y.tid eeeee r r
partly allowed.
Sd/-
JUDGE
‘V§*c1§A/bsn–