IN THE HIGH COURT OF KARANTAKA, CIRCUIT BENQH AT GULBARGA DATED THIS THE 9"*DAx OF FEBRUARY éoldw *gA} THE HON'BLE MA.JUSTIcE§g.N,NASAM6AAN'nAS_w,- MISCELLANEOUS FIRST APPEAL No.21S1;goO8E BETWEEN A 1. SHABBIRMIYAN '_ . _V ,.,~_ S/0 KflAJASAB CHALKAPUEWALEfQ>V AGED ABOUT 40 YEARS ' 2 '_*.j_» occ PRIVATE ARABIC EECHER '.~ 2. cHoIISAgGfiMg'v ,fi/GASHASBIAMIXAAACHALAASURWALE AGED'A3ouT_31'Y5AnS'- 0CC'HOUSE'fiDLDw V,x 3. _SHAHEE$ BECUM;V _g Dio SHABBIRMIEAN CBALKAPURWALE ' AGED ABOUT 17 YEARS '=4j=_QAiSAAABEGUM . E1o_S3ASBIRMIYAN CHALKAPURWALE AGED ABOUT 15 YEARS APSSALANT NOS.3 a 4 ARE MINORS .2?' REP. BY GUARDIEN CHOTI BEGUM *A W/9 SHABBIRMIYAN CHALKAPURWALE SSAAL ARE R/0 VILLAGE _fSIKIRDRAPUR TALUK BIDAR . . APPELLANTS (BY SRI SANJEEV KUMAR C.PATIL, ADV. FOR SRI SANGAMESH R B, ADV.) AND §%mE§Q% 1. RAVI KUI-QR S/O MADANNA NANDI AGE 50 YRS. OCC: BUSINESS R/O VILLAGE HUDGI _, HUMANABAD TALUK BIDAR DISTRICT 1 M/S NEW INDIA ASSURANCE co LTD BRANCH OFFICE NAIK NIvAs SHIVAJI CHOWK OsMANAsAD_.s. REP. BY DIVISIONAL MANAGER V NEW INDIA ASSURANCE co LID fiv DIVISION OFFICE GULBARGA'; ' (POLICY NO 151305/31/05/ _ ,.-,m. 01/00005670) "¢f«. '=_;;REsDONDENws (By Sri VEERESH B ?A:IL, ADV; Eon R2)'"** MFA IS FILED gfi/S;f73(i}flLQ?t THE MV ACT PRAYING TO MODIFY,.TH_E=. JTJDC52-MEIQT AWARD DATED 23.1§;é001 so As IO DNHANOE THE AWARD AMOUNT. IHIS ABEEALSCONING ON FOR HEARING THIS DAY, THE count DELIVERED THE FOLLOWING: JUDGMENT
ifhisFappeal is directed against the judgment
S= and “awatdfadated 23.10.2007 in MVC No.17o/2006
pa$sed’b§9the MACT at Bidar.
é. The only grievance of the appellants is
“t¢h$t the compensation awarded under the head loss
“of dependency is On the lower side. It is not in
dispute that the deceased was 11 years old on the
date of accident. It is settled position of law
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that the notional income of the deceased is to be
taken at Rs.15,000/– per annum. on the date of
the accident, the age of the deceased’s mother
was 35 years. On this basis, the ;proper
multiplier is 16. Therefore, the appellahtsW are
entitled for compensation under the head-i¢$sJ§£V
dependency as under:
Rs.15,000 x 15: Rs 2,4o,0od;w
To this extent, the impugned rafiard trequires
modificatien.ui
E3. $he.appel1ants are parents and sisters of
the deceased, flowards loss of love and affection,
the; appellants_ are entitled for another sum. of
‘_Rs,15,GO0§}__ Towards funeral expenses, the
*appeliahts are entitled for Rs.5,000/~.
,§;tNFor the reasons stated above, the
l” following order:
The appeal is partly allowed. The impugned
fjudgment and award dated 23.10.2007 in MVC
No.170/2006 passed by the MACT at Bidar is hereby
modified enhancing the total compensation from
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Rs.1,00,000/~ to Rs.2,60,000/-. Remaining all
other aspects, the impugned award remains intact
and undisturbed.
3%B@$t tt
BSC