A sriE.asavara;.ITM. Mekki, MB. Kulkarni and
IN THE HIGH COURT OF KARNATAKA, CIRCUIT BENCH AT
DHARWAD. .' I
DATED THIS THE 22"" DAY OE
PRESENTIE é l
THE HON'BLE
THE HON'BLE MR;IIIUST'ICEVEAISLPACHHAPURE
M.F.A.
Between: "
1. Smt. MarI.0'I*a1IrIalll:w./Te l\»1an§lI~ar Kulkarni,
Age: 52 years, Qcc: 'H0ulsel1ol;ci"woI§k,
R/0 RavaI.ue"GOVe}:ar 'B.u'i'ldi11g',""' '
SiddeshWarII'a;._.;ar.,_lKanal§largi,- .
Tq. &'*Di'st_. Belga:i'm.'l'
2. Sri Gundopa.nt Manoharliulkami,
V 27'. years; QCC: nil,
" V' - &'sollRavalue Govelialf Building,
I :Sidc£eshwarI1ag_ar, Kanabargi,
ggaum.
" A - Appellants
_ Ranflakant Chagvan, Advocates)
' Kallappa Mallappa Suntkar,
' I Age: Major, Occ: Business,
/"WW
being inadequate and requires for enhancement, the claimants have
presented this appeal.
2. The main grievance made out by the appellant,in:o3p_' 2'
the instant case is that, the first appellant
appellant is the major son of the deceasedi.'-._ They
petition u/S 166 of M.V. Act seelgipnggr:'c.om.pensation:oniiaccount of
death of Manohar Kulkarni a occurred on
18.1 1.2003 at about negligent driving
of the offendingi'\4i/iehic'liie' liin1n.ediately after the accident
deceased wasiitakeii.V'tolii:ihe Belgaum. While under
treatment on"19';lpl.2QC3i:.?ji1e"succumbed to the injuries. The claim
petition jc'-arne up before 'the? Tribunal for consideration and the
in 'Trihun@i afiierasjsessing the oral and documentary evidence and other
material-sp«iionliiifile awarded Rs. 1,48,000/- on different heads with
interest at from the date of petition till the date of realisation.
The saidcompensation is inadequate and requires for enhancement
hence the claimants have pr ented this appeal.
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3. We have heard the learned counsel appearing for appellants and
learned counsel appearing for respondent no. 2-insurance company.
4. After careful perusal of the impugned judgment and award
passed by the Tribunal what emerges is that the has
committed an error in taking income of the deceasgediiatp Rs.;’~640.i’-J
day. Having regard to the age and occupatioAniwe*.assAess ‘
of the deceased at Rs. 3,000/– p.m.»r’to.__meet’ithe endsr’of_j,u_stice;. “T
accident is of the year 2003, deceaseid””w:as..aged’about years and
the appropriate multiplier toibeiappiiedigish l”0i.i§1Fiigirtightly applied by the
Tribunal. 50% i_iotf7i’t’he’V to deducted towards personal
expenses of tiiei’decea.sed.’– g_4N«et”‘income of the deceased comes to
RS-1,50(y§’ia1id the t’ot.a_llossiof dependency would be Rs.l,500 x 12 X
in IQ against Rs. i,44,000/- awarded by the Tribunal.
V5. ‘–Further;iii.”_’*thei:..iiiiiribunal has erred in not awarding any
co.mpensa’ti.oin towards loss of consortium, loss of estate, loss of love
and affection and transportation expenses. Hence we award
–R:s.2(l;000/~ towards loss of consortium, Rs. 10,000/~ towards loss of
fly
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estate, Rs. 10,000/– towards loss of love and affection and Rs..l”0,000/–
towards transportation and funeral expenses. Having the
above facts we award Rs. 5,000/– towards medical expen’ses.iwi./if ._
6. Accordingly the appeal is allowed iJiudgni.eint’.,andi’
of the Tribunal is modified as foIlows:~..,..:i
Loss of dependency s. 1,80,000.00
E
Loss of love and affection 10,000.00
Loss ofestate H V’ 0′ – ~ l’ Rs. 20,000.00
Loss ofconsortiurn g . Rs. 10,000.00
s==’*.U*.4=~.W§\9.~’
Transportation; a1i{;’«..fiIn~e:i_jali e-xrp_’er1sesii_ ‘ Rs. 10,000.00
Medicalexpens.es’7._ ii — __ V. Rs. 5,000.00
‘ “”” Total Rs. 2,35,000.00
(i) In all thetotal icompe_iisat’i.o;n»»comes to Rs.2,35,000/- as against
Rs. 1,48,000/–. Enhanced compensation comes to Rs. 87,000/- with
interest at–5%»–.:’p.a.’l’from theldate of petition till the date of realisation.
(ii) Respondents: 2- insurance company is directed to deposit the
_ if-«e_nhanced compensation with proportionate interest within a period of
if..l_:four’weel§s”‘from the date of receipt of a copy of this judgment.
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A.»
K
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(iii) Out of the enhanced compensation of Rs. 87,000/-e, a___sum of
Rs.50,000/–~ with proportionate interest shali be depositedi”‘in:””any
nationalised bank in the name of appellant no. 1 for
years and to be renewed for another five years.” S_h’e is.;entit1e<i todraw 7
periodicai interest.
(iv) Remaining amount of Rs. 3;7i;pfQro0/– naneiaaaaaaanaii be
released in favour of appe11’éfit’~110»e”i1.iiii.fi11:é§<iiately anaenoanng the
same by the insurance eompanydi A
(v) Draw award
Sd/–
JUDGE
Se/~
JUDGE
” ~