Manje Gowda vs H N Veerappan on 2 November, 2010

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 2ND DAY OF NOVEMBER, 2010
BEFORE ' 

TI-IE I-ION'BLE MR. JUSTICE B.sREENNAfsE

Miscellaneous First Appeal N9V.__957_'3" bf=  " * 

BETWEEN

L Manje Gowda
S/0. Siddea Gowda _
Aged about 47 Y.¢ars.',-W

2. Smt. Yeshodamr'1'14a '  ;
W/0. Marajea Gowda. '
Aged a.13=01;t_~ .42 iYears.:

3. A M Kax;rith"ét'--V._ A     _
DV[0."~Marig'._;¢a C'rO1Vdi3l"  

1 'AgéC'r abQufj22 _Y€flarS  '  V

4.   1%
D /"o._._' Manjeas Gowda
- .. Aged" about-- 20. Yéars

A    Maéihu A1ia's"Madhukuma1-

 --v.S/o;..iV1V/Ivanjea Gowda
'  about 19 Years

  lfirs residing atAr1kanahal1a Village,
.. Katataya Hobli, Hassan Taluk and
District --~ 573 201.
 Appellants

(By Sri. Pradeep Naik K, Adv.)



AND

1. H N Veerappan
S/o. Nanjappa
Aged about 34 Years
R/ a Behind Mission Hospital
Hassan City,

Hassan -- 573 201.

2. The Branch Manager .9  j;  ' A '   _ A
The United India Insurance. C'o_Iripany_VLtd.,_ "  
Situated at S. V. Nilay-a__    A. A T
B. M. Road, 

Hassan -- 573 201. it

 Respondents

[By Smt  " for R. 2,

 Thist~IV5{l_FA1iis' ttie;1i'ti/s_ 173(1) of MV Act against the
Judgment.ahti'-.award_d*ated:02.07.2008 passed in MVC
No.10?.9'/200,6"  of Principal Civil Judge
[Sr.Dn.'}t.._& _Additional_;~ MACT, Ha-ssan, partly allowing
the. claim petition for compensation and seeking
fzdharicemenit-Vofeoinpensation.

   ..v_v4'Fhis""appea1 coming on for Admission, this day,
 p  Cot;rt,fjdeiivered the following:

JUDGMEN;

This appeal is by the claimants for enhancement

T of compensation awarded by the Tribunal.



2. Heard. The appeal is admitted and with the
consent of learned Counsel appearing for the parties, it

is taken up for final disposal.

3. For the sake of convenience partieS_.ai*e. re_ferrcd'toV 9 

as they are referred to in the Zelairnfpetiitiondibefore

Tribunal.

4. Brief facts of t,heV_ ease'  1' l  ~ _ _

That on  efideeeased Ashok @
Ashok   this motor cycle
bearing  l33--Q-2337 along with his
friend plridjerfihtowardsivzHassan, a lorry bearing
regisvtiati-on  oame in a rash and negligent

manner and 'dash,ed"':against his motor cycle. As a

 Apfesultt; lieépsustained grievous injuries and succumbed

 'V to on the spot. His parents, two unmarried

I"n_a}o__r sisters and a minor younger brother filed a claim

 .o Vupetition before the MACT. Hassan, seeking

fl"-v_V"eoi'npensation of Rs.14,00,000/-. The Tribunal by

 impugned judgment and award has awarded

compensation of Rs.3,58,000/«~ with interest at 6% pa.
%..



Aggrieved by the quantum of compensation awarded by
the Tribunal the claimants are in appeal seeking

enhancement of compensation.

5. As there is no dispute regarding  lthlgpl' 

deceased Ashok @ Ashok   

accident, and liability offthpe insurer of 

vehicle, only point remainslyliorl my coiisideration in the
appeal is:

W.l%iet.her;_'  H V' l   -- . V.  of
compensation"-awarded,_by"the Tribunal is
just' and-'1'.ypro.p--er"~~_  {does it call for
enha_n'cefi;nent?«.y  ._  
6.  Counsel for the parties
and perusinglthegaward of the Tribunal, I am of the

 thev"cornpensation awarded by the Tribunal is

V   iu.  :an:cl"proper, it is on the lower side and therefore

i   to be enhancezd.

"  he claimants in support of their contention that

  deceased Ashoka was earning Rs.6,000/-- pm. by

' working as a driver of light motor vehicle have

Q'



examined the father of the deceased - first claimant as

P.W. 1, and an eye witness to the incident as P.W.2 and
produced licence of the deceased at Ex.P.9.

5

8. Considering age of the deceased as

 year 9 '---.

of accident as 2006 and nature  T

light motor Vehicle, his, income is;.;,flssessé;d"'l at

Rs.4,500/-- per month as   assessed
by the Tribunal.   to Vbedapplied on
the basis of   deceased who
is 40    _:0f works out to
Rs.ri_,0_5,lQLfi,V(::):'/'V§«:_;ii: /2 12 X 15) and it is
awairded  'Rs'.3,l2,8 16 / ~ awarded by the

Tribunal,' dd . V

 it -- awarded by the Tribunal under

 _ "-difxfereiat hfeards of convention is just and proper, it does

not require enhancement.

  Thus the claimants are entitled for the following

 compensation:



1. Loss of dependency Rs.4.05,000/--
2. Loss of love and affection Rs. 20.000/--

3. Loss of estate Rs. 

4. Loss of expectancy    

5. Funeral and obsequiesflm  p_ 

11. Accordingly the appe_ad:1fi»s__allowed" and the
judgment and award V:of.the is modified to the

extent stated_he_rein'aboVe.  

12.   to a total compensation
of R.§.4,5O;ooo/;3..Vdpagjagganspt i§s.3,58,oo0/- awarded by
the iI"rib'L1na1'... it '-«coinpensation awarded by the

Tribunal  by a sum of Rs.92,000/-- with

  aia__6% p.a. frorrigr the date of claim petition till

1'

A  ._ the.1dat"e_v.,ofijea1isation.

 13. " Féespondent -- Insurance Co. is directed to deposit

  enhanced compensation amount with interest

  ___§within two months from the date of receipt of a copy of

this order.



14. Out of the enhanced compensation 80% with
proportionate interest is ordered to be investect»-in FD.

in any nationa1ised/ schedule Bank, in the the

second claimant who is the mother of the   

period of 9 years with a righthof' option 

interest from time to time and?_thE:_ remajinirig amount,

with proportionate interest"=is"*ordere'<:iV_to  released in
favour of the first? '-and  in equal

proportion.

No:o'i'-:feriAas';'--to rcosts,  

 t
3.-_ 5.3
1* " " '*7 M

\! _fi1C§e

     .....