IN THE HIGH COURT OF KARNATAKA, CiRCUIT BEN'-CH AT
DHARWAD. g
DATED THIS THE 15*" DAY OF FEBRUARY if
PRESENT
THE HON'BLE MR.JUSTI(J:'i:7*ZVN§.i{;i5A'OT'I{;§'
TIE HON'BLE MR. JIJSTICE' A:.:SrP'A.CHHA?URfI
Between:
Smt. Pyari Zamroed V "" H
@ Afzalkhan J amildazg "aged"arbQitt.'j39A: years;Ȥ
Occ: Advocate? tr/'Q 'G.ahdi*:i;:'_Cho\fv'!<,'
Opp: Dattaraya Terfiptije, }wDhanvg1'cL___' _ ~
(by Sri J'.M. Advocates)
and O
1:'.V2_ OP. .SeIva;itiQ ei/tc...Iv'alaniswamy,
M:-1j0r,e oqc; ..B*u_sii1ess & Owner of Truck
"Be'a'i:_ingV'Rég13. TN--27/Z-75 75,
R/0_No. 1/22~D; Post Veesanam,
H O _ District NamakkaI,Tamilnadu.
O Ramariethan s/o Sangopan,
Occ: Driver under respondent no. 1,
— R10 Katukottay, Ulupuram Gangavalli P.O,
H K 2 HS_eiam District, Tamilnadu.
/M
M.F.A. N5} O5t4sZ2ro{55 (Mi\«’)tj;
Appellant
3. The United India insurance Co. Ltd.,
Divisional Office, Namakkal, Tamilnadu,
Reptd. By its Manager.
(by Sri Laxrnan. B. Mannoddar, Advocate for R3,
Respondent no. i and 2 — Served)
— __ =
This appeal is filed u/S 173(1) of Mv. Aer”
judgment and award dated 30.8.2004.e’~assed in i\if.V.C;”lk!’e.__l85[2000
on the file of I Addl. Civil Judge (Sr; & iC.1M,–.Dhariv-.{ad;’ partly
allowing the claim petition for c’o1jnp.ensatiori _and% seeking
enhancement ofcompensation. *
This appeal coming on for day, N.K.Patil J.,
delivered the following:,. V V
1. This is..l..a enhancement of
irnpugned judgment and award
dated No. 185/2000 on the file of the
FCi_vil iliidge”(Senior Division) & C.J.M. Dharwad.
Thelfribugnal judgment and award awarded a sum of
:”‘Rs.4,39,05?il– withi’:’..interest at 9% p.a. as against the claim of
“‘-R’.s~v.’3__1_l,’65AA,000/Q account of the death of late Abdul Khan @
._iAfzall{liari–»}ainadar in a road traffic accident.
2. Brief facts of the case are:
The appellant is none other than the wife of the
contends that her husband-deceased was working asbaii it
earning Rs. 25,000/— p.m. from the profescsionlland
agriculture. On the fatal day at 04.0%) p.m.;–. on
deceased after completing his Court Ifiharwad in
order to go to his house was vvait:i.ng market
side on his motorcycle to go to
his house. At that tgh-hel No. TN–27/Z–75 75
came rashly and traffic rules and
regulations arid’ on account of which he
sustained grievous«-.tinju.ries__la1idl succumbed to the same on the spot.
Qrt account of deceased, a claim petition was filed u/S
compensation of R53 1,65,000/– against the
Vrespondentsi The siaidilclaim etition came 1: for consideration before
..7f1’i.bunal and the Tribunal in turn after appreciating the oral and
‘documen’ta_ry1–‘evidence available on record has taken the income of the
at Rs. 4,000/- p.m., deducted l/3″ towards personal
‘/,,../
expenses of the deceased and awarded a sum of Rs. 4,I”6.>052/–
towards loss of dependency, Rs. I0,000/- towards loss
Rs. 10,000/– towards loss of estate and Rs. 3,000/gV__toward_s’~ iftuiera!.i
and transportation expenses. In all, a co1T=;pensatione_of 4-,§39_,:O5A2/i-A»
was awarded. According to the Vcla4imant”.the said”lcompens§atiion_:t>
awarded by the Tribunal is on theiiiidoiwer requires
enhancement and she has presie-nted_ this appealbbiei’ng aggrieved by the
impugnedjudgrnent and,awardv.,~– V M i
3. We have heard ‘appearing for the appellant
and learned réilspondent no. 3-Insurance
Company at considerablel.eng:th..__iof”time. After evaluation of the
records available onifi*l.eA and on perusal of the impugned award, what
enzergiesisiiiihatithe_iTr_ibunal has committed a grave error in assessing
incorrie” at Rs. 4,000/– p.m. and deducting 1/3″
if-towards personal ‘expenses of the deceased cannot be justifiable for
‘riea.so’nsi-that if the Advocate is practicing for more than ten years
Tribiunaliiought to have considered his age, status and nature of
/
work. The deceased is having agricultural land also. Assessing the
monthly income of the deceased at Rs. 4,000/– pm. is and
on lower side. Having regard to the age and occvup’at.ion.:”We can,
safely assess monthly income of the dece-asedmat
the interest of justice and 50% of tl1e__same”‘toi’oe de.dticgte:d_VVtoV:’§/ards.3>
personal expenses, the monthly incomiewcvoines The
deceased was aged about 45 _ The gypropervniulgtiplier is 14 in the
light of the judgment of the l’lO’i”i7:bl:t? Supreme; in the case of
Sarla Verma (Smt..)_.anldi léellii Corporation and
another Cases 121. We
redetermine they loss of estate instead of loss of
dependency referredtvy in a sum of Rs. 5,04,000/– as
against’ 2__/- ‘3v.0G{‘)/– x 12 x 14). Further, the Tribunal is
rightly ‘justi’fiedv–..:_ir1ldayyarding just and reasonable compensation of
0,00.0/–__ltowards’: of consortium and in this regard impugned
—-j.ud.gme.nt and “award does not call for interference. However, the
if hast-awarded only Rs. 3,000/- towards transportation and
funeral _expenses and it requires enhancement. Therefore we deem fit
/~………g
to award Rs. 10,000/- towards transport and funeral expenses— The
Tribunal has committed an error in not awarding compenspat-ioh-‘under
the head loss of love and affection and we award Rs. _
the same. Total compensation under conventional ._head-s’ w__ou_id.__be’i
40,000/- as against Rs. 23,000/– awarded iilniitalii,”
sum of Rs. 5,34,000/- is awarded as agaiiist Enhanced
compensation comes to Rs. to Rs. 95 ,O00/- with
interest at 6% per annurrton the,.e.nh_anc’ed_ corhipehsaiiion from the date
of petition till realispaf-ivonig” .
4. Third respoirideié.t_V Insiuranjce.:iCompah}ir is directed to deposit the
enhanced compensation einte-res’: “within four weeks from thedate
of receipt of a..copyiiof
5. Out”ofpptl1eierjhanced compensation of Rs. 95,000/–, an amount
Rs. 5.(},(_)_iO(i)/- proportionate interest shall be deposited in any
..in_ati4or1alised for a period of five years in the name of the
.,_iil:;.-lberty has been reserved to the appellant to withdraw
i1itere.s_t periodically. Remaining amount shall be released in favour of
W
the appellant immediately on depositing the said sum by the __ third
respondent Insurance Company. Draw award accordingly. ‘Ci
6. Sri Laxman. B. Mannoddar is pem*1itted=to’–«Afile’ xiiz:a”k.aViath’i”for”«
third respondent within four weeks from todiay.A T V p
s JUDGE
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