nu.-m \-UUI!A'AI,.x!.JV::|" IUHKNAIAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HEGH COURT OF KARNATAKA HKGH COUR1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT GULBARGA
DATED THIS THE 04% DAY OF sE1<='rEM:5§Ri
PRESENT
THE HONBLE MR. JUSTICE
AND
THE HONBLE MR.J[fKS'I{1:O(1EVVAS.'E*O(:)PVI&1\¥"I$§A
MISCELLANEOUS 12gk)o5(Mv)
BETWEEN: O
1.
SHAHAZA[5£;f§EE sir/0}
AGED ABQb'T.S1'i'1_?_;A__RS. . V .
R/o.HABAL, SE'E)AM--TQ '
AFR_EEN' /Q i+.§DA_Nw_AR PASHA
AGED Ai3QU?.1.'f" Q6 "!.E'fisRS _.
R/' Q.HABAL,_ SEl3Al\&--..f1'Q "
GULR-ARGA DIST, "
V, ._i "rouKHE§;R...V: V
O S;/-OO.MD.ANW1&R"PASHA
gems mom? 5 YEARS
V' " « MIONGR, RHQRBY NATURAL GUARDIAN
'AND.vM0fFH~ER SHAHAZADABEE
; R/OEABAL, SEDAMTQ
GL!L$A.RGA
TOW-'*'EEQ
S/'O.MD.ANWAR msm.
_ 'O KAGED ABOUT 3 YEARS
' MINOR, REP. BY NATURAL GUARDIAN
AND MOTHER SHAHAZADABEE
R/o.HABAL, SEDAN! TQ
GULBARGA APPELIANPS
(By Smt.SH§ZADBEE, A9V.,}
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AND:
1. JAGADISHWARAYYA MATHPATI
S/O.BASAYYA MATHPATI
AGED ABOUT 50 YEARS 4
OWNER OF' HERO HOPTQA
R0. KA-32/O-29?4 :_
R] o.KAc:HwAR, BATGERA.___P0s*r' A . _ '
SEDAN! 'I'Q, GULBARGA agsfr,
2. umrsn mum ms co 131:2. '
BY THE D1v1s1oxw,« MANAGER V
:31' FLOOR, JAWA1J.TCOMPEgEX j x * --
sum? MARKET,Gu:,BAres:A;'
._ 'V RESPONDENTS
{By S:i.R.V.N:iI§3;£é§)IJD;fi, £.».L1:>\’ir., ‘F~oi.__ Fa.WARB.,.__DA’3Z’ED:30.3.05 PASSED IN we
N0.108.0/O4 ‘o1~:’mE F’I.LE._OI1’_ THE III ADDL. DIS’I’RIC’I’ JUDGE,
MACT, (3U1;.’3AR(‘;;A.—..!’;%.RE’-*l,,Y” ALLOWING THE CLAIM PETYTION
FOR COMPEb!SA’?.IOH ” Ayn ssaxme ENHANCEMENT op’
con.aP_I«:r~tsA’r-:r;:N.’..
on for orders this day. Hauwad:
V. dekivencd the following:- J'O'I)Gfi.E"I'
n T x to mspondent No.1 is dispensed with.
L 2. This appeal is preferred mm the award
V’ “Rated 30.03.2005 passed by the III Addl.Distrk:t Judge
and MACT, Gulbarm, in MVC 240.1080/2904, being
aggrieved by the amount of compensation awarded by
JV
._…m. V!’ N-uounmm rm-an COURT or KARNATAKA 1-new com:
the said tribunal in respect of death of the debeased
Md.Anwar Pasha, who met with a road
On 15-8-2004 the deceased was
extreme left side of the road
his electricai contract wor}:.andt’—-e_tt’»–thatoV 1a = *’
cycle bearing No.KA-32/e+Q9:’4 and
negligent manner es .3 result
of Which, he you grievous injuries.
He was ‘fiewternment Hospital,
Gulbargai. ‘Osn1ania Hospital,
.. he succumbed to the
injuries e11 appellants have filed charge
sheet. the motor cycle.
Tribunal having considered the oral and
H on record has come to the
g a ooootutsiioofthat the accident occurred due to the rash
driving of the rider of the motorcycle in
_V Attqgtteetion. The said vehicle is insured with the 2″‘
‘V Wt’espondent. Tribunal taking the income at Rs.2,000/~
per month awarded a compensation of Rs.2,64,000/–
W
»I.l£”|lI_I Huurlunnnuna Inn. on.-.4… .._.-.
_.- ..-_ . — -1-o
. ….v..m;, yr nnnflfllflflfl HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COUK
with interesat the rate of6%per azmlxin, Not
satisfied with the same, the claimants are ”
Court.
4. The point that arises for (fur *6.’
“Whether the appeal pzefeIrefi_V”*!1y the = O
for enhancement _of
oonsiderafion?
5. the teamed counsel for d%.sed was earning month. He was
ttibungiv not into consideration his
the income since even a
– per day. and as such, the same
V has considered.
A % » S:-1.R.v.z~:aeagoa ma, learned connsei appealing
__’_’fé3rAAthe’AIns1n’anee Cmpany submits that the income of
deceased taken by the tribunal is just and proper
O’ and it does not mil for any intmfexeaw.
Jfler
_ u…….. –~pu-1o_ {VII
‘7. On behalf of the claimants, a
been pmduoed to the effect that tlm
electrician. As per the evidence of the Otiie O
deceased found to be a
accident is of the year 2O0_4~..4_ At ef O,
time, even a Coolie would earn’ dieafst – day.
Having regard to the avm~Lon that he
was an electrician ‘fit.-‘3é’ker, it would
meet the ends ‘j1e1é;1;iee””fl’ iilecime is taken at
.u–munanz\n nnufl i..UUKi OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COUR
Rs.120/- per day Ids xidncome could be
taken at deameng 1/am
towards his”’ his income would be
R$.2,40()_}:+ ioss of dependency and
is 16. Having- regard to the
who was 28 years at the time of
Cudeath, Othe would be entitled to the
O L of Rs..4,60,000/- towards loss of
Apart from that, the ciaimants have also
, V ‘ amount towards medical expenses, since
the accident, the deceased was treated in hospital
J?
“‘\ Iiflull I.nu..:II.ln1\nn_n- .4. .n-….._ ….._.._
. nu. . uvunl ur nnrmulunisn HIGH COURT OF KARNATAKA HIGH COUF
at Gulbarga and thereafter at Osxnania Hospital,
Hyderabm. The amount spent on medical ~ V.
would be around Rs.10,{)00/~ to 15,000/–. Q
that, the claimants also would befléfititldzj to
Rs.40,000/ – towards cwnventional sf ‘V %V
and afiection, consortium,
attendant charges, of
dead body, etc. The comes
to 1323.5, would be
entitled to with interest at 6%
per tifl deposit.
3. % appeal is anowed in part
and award passed by the
A ‘ ‘ fig: MVC. No. 1080/ 2004 stands modified,
V of Rs-.5, 10,000/~ with haterest at
T 6% fimn the date of accident till the date of
respandent shaii deposit the amount
weeks from the date of receipt of a. copy of
h V ‘i’I.1’;Vi’s order. Out of the enhanced oonapensation amount,
50% of the amount shall be invested in any nationalised
_ J1″ -….qp.
. uvfzfg, nu-mnu-unnn HIGH COURT OF KMINATAKA HIGH COURT OF KARNATAKA RIGH COURT OF KARNATAKA HIGH COUR
Bank for a period of three years. The appellants.
entitbd to withdraw the interest accrued .,
remaining amount shall be equally disburega
appellants.
Sri.R.V.Nadagouda, AdV§x:§tte is V …t.Q
vakalath for respondent
within four weeks E33} _ ; ‘4
Sd/~..
fudge
Sd/F.
fudge