1
IN THE HIGH comm OF' KARNATAKA AT BANGAL_0'RjE._«'_T~~.. _
DATED THIS THE mm DAY OF NOVEMBER, .
BEFORE
THE HON'BLE MR.JUs'mi;;«; N::-AN§Afi"£3_AQ % %
M.F.A.No.872l2009 CIW MFA.::;eQB z~i.%.:..
MFA N0.872[ 2009
QETWEEQ:
New india Assurance Co. «b
Rep. by Sr. DiViSi€d3$1'Manage1'~ _ . -.
No.40,
B31183101'€'55:3" V : ' ...Appc1lant
(By Sriytifllé Advocates)
AND:
. _1.
A S] Maximuthu, major
' ,Ne,36,'!.!_ L'-toss, 80 feet tow
!vi:am3i12a:'gag., Chandra Layout
'--..Naga£$ibha#i, Bangalore.
2.
about 33 years
'Master Guruswamy
"Aged about 15 yeerm
T " Kum. Asha
Aged about 13 ycaxs
5. Smt. Mayamma
Major
All are rla: Deshavara Village, Maiur Hobh
Channapatna Taluk
Bangalore District.
R3 85 R4 are minors, mp. by R2]
Natural guardian
(By Sri K.Sha:ntharaj, Advocatfi fir '£':.3 RS; of
notice isdispenscd with)
This appeal is I73(1)"'of~'M.V.Act
against the judgmexlt flat:-;d_'»1?',12.2008, id
in MVC No.435f2006 on the'fi!i:;of fiistzict Judge,
Member, MACT, R ._Va:vmfimg rwmgwnsaflon with
interest at 6% 1
MF'A.CRDB ! ~
BETWEEN: " _
~'W]o.' Late
- '-S/0.'
Ashé
* .=._3/<5. Lat: Builaiah
. _ 13 years
Cmss-objectors 2 as 3 am minors
Rep. by their guardian mother
Smt. Lakshmi.
4. Smt. Mayamma
W/o. Late Budiyaiah
Aged about 60 years
All are: 1:] 0. Dcshavara Vilhge,
Channapama Taluk : ' A
Ramazaagaram District.
(By Std x.snantham;', Advocatc}'
AND: %
1. New India Assuranecifle.
Rep. by its Manager, _ ' ' -.
Vokkaligara Bhavan, Hudson 1 ~--
2.
S/Po. Manirmthm a;gc:'«Ma_1or
No;36; 2:31 owes,' 30"fg~;éi Rbad
Mam «Layout
Nagarabhavi Road "
' Respondents
" " (By for my
* T "i'hi's'«._{ér.-$'s':2§£:3;;§ection in MFA zsIo.s72/2009 is flied under
AO"rder'/$'1 'fl'z.ii::. 'I23 %2fCPC, against the judgrnent; and award dated
17.1.2.i3008, in MVC N<J.435[20{}6 on the fik: :35' the District
Jucigt;u,__ Member; MAST, R , partiy allowing the claim
'vpetiticxn fag' compensation and seeking enhancement of
wumpensatimz.
iii
This appeal and cross-objection coming on for acimisaion
'M day, the Court dciivered the following:
JUDGMENT
The matters are listed for V
mcortis are received, with the oonscx3;atA¢1i;’.3″3″AA_T A. ‘T
parties. they an: taken up for ‘
2. MFA 119.872] is Company
for reduction of 2009 is
filed by claimarafifi
have for parties and i have
been takcfi impugrzcd award.
v’:I_’_}1a to 3 are the wific and children and
F€.o;<Vl;""is the mother of deceased . On
met with an accident am'! succumbed
V -110 a 'i sp0t. The ciaimants have produced sewzal
to prove that dmsed eentinucd to sci}
even my his death. The claim' ants have
VT pmfiuccd passbook stated to have been issued by Milk
" VPxoducem Co-operative Society Limited, (lhanngma Taluk,
Bangalore Rum} District, to prove that deceased had sold the
milk subsequent to the date of accicient. Apparently, 24
documents produced by claimants are ihbricated documeyzxts.
The Txibunal relying on RTC extracts, which did not
the name of dwsed has determined income cf .
Rs.5.0GO/ ~ per month. The Tribunal befqrc '4 " =
of deceased shoukl have taken sexicigts goeé
claimants had relied on as 247*
documents. In an fairness, neat have
income of deceased.
It is obfioias Vthgt determined income of
.c{inSis_iefiiig the documents and without
‘~ ofAIn1n’ ‘i’heiefoI’e, hav1n’ g regard to the fact that
about 35 years at the time at accident
axistl i1e f_ ‘ by physical labour, X de1aerm1n’ e
..<:;f.:_t}ie deceased at Rs.3,00l)/~ per month. Having
number of dependents. I deduct 1/431* of the
of dmsed towards his personal and Ywing
"e:fpendimre. Thus, claimants are entitled. to capitafised has
& of dependency of Rs.4,32,000/~ (Rs.3,00{}/~ X 3/4 X 12 x 16).
3~J~c*/£1/LéZ?LM
Besides, claimant No.1 is entitled to
Rs. 10,000] — under the head "loss of consortiuxzfj' 9
1 to 4 am entitled to nompcnsaiion
head "loss of love 65 an'ecn2nn*,_.Rs.1e}ec£;;- unflér V
"loss to estate" and Rs.
expenses”. Thus, tit} total
compensation of Rs.4,72,O'(JV}().j–_”
5. In tlié
A a§RDER
MFA v._N”c..37:2V,¢ by insurance Company is
aocaptpd 5;; h§F’fi.CRO§ 910.124/2009 filed by claimants
‘is mg %%%%% H implxmed award is madam” .
Rs.6,I5,000/- awarded by Txibtmal is
stu :If§3§#v?,’?’2,{)()O/-. The said amount shat} carry
“~’««.__Vintcrcst’}21;A’:6% per annum fimn the dam of petition til} the
realisatkm. The apportionment payment anti
V. iinvitstmvcnt shall be in the mtio evolved in the impupcd
The amount in deposit shall be transferred to the
Court of District Judgc &. Member, MAC’? at Ramanagara.
5
Pattie’ 5 am directed to bear their costs. Ofice is
send back records along with a copy of drdezr,
SM