Smt Bhagyamma vs K B Manju on 24 April, 2009

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

mamas THES THE 24" DAY OF APRIL, 2009

?RESENT:

THE HON'BLE MR. JUSTICE N. KuMAR ,3, ,

AND

THE HON'BLE MR. JUSTICE A.S. 2ACHfiAPd§E.

BETWEEN:

3.0

Bhagyamma,
W/o. late Gangegowda, _m_ _
Now aged about 42nyears,'Vu

. A.q,sha§nida:;. = vf'a

S/0. late fi,Gange§0fida,--
Now,aged.abot$A26"yéars;

A.G.Umash, _ .»_1;
S/Q. late_NLGangegéwda,
Vfipw aged abgut 24 years, ...

 'v_§l1%éxé":fat:

V ='AnchgkQppalu, Kanehalli Post,
. Tfionnavgiliwflobli, Tiptur Taluk,
K Present;y'r/at:

'Jyothi,Mallapura village,
Kasaba Hobli,
Arsikére Taluk,

n'Bassan bistxict.

" "{ay Smt. Kamala D.K., Adv.]

1.

4* AN9:

K.B.Manju,
S/o. Boraiah,
aged about 25 years,

MISCELLANEOUS FIRST APPEAL fiégizzsg g§ ggg§ ifiVi

APPELLANT/S



2 MFA No.11239/O8

No.l36/1, 6"'Cross,

2" Main, Kasthuriba Nagar,
Mysore Road,

Bangalore--26.

2. Bajaj Allianz General Ins. Co. Ltd.,*o

i 105--A, 13' Floor, ~~~--'
Sire Plaza, V -. ', ,._*, *-r h
Bangalore. r :i,;.L»'RESPGNfiEN?!S

V-;~'+-'E

This MFA is .fiied;'u/Se¢.V*1?3(1) of MV Act
against the Judgmenri_andijAwatef-dated 21.8.2008
passed in MVC No.52f2GO6 on the fiile of the Civil
Judge {Sr. Dn.J and qflddl. _MACT;, "Rrsikere, Partly
allowing the.~elaim; petitiofi* for fcompensation and
seeking enhaneementx Iof _,compefieation with 12%
interest. 3' V '"? 4.» V. "V? '

This» gag °epming-.¢n'~§e;' Admission, this day
Kumar J., delivered the following:

1't:} JUDGEMENT

-,fi{5' iS_ the claimant's appeal, seeking

Eefihaheeeegt of the compensation for the death of one

Srir Gangegewea in the Motor Vehicles Accident.

'nv-_2.i"The parties are referred to as they were

iereferked in the original proceedings, for the

"'purpoee of convenience.

3. Sri. Gangeqowda when he wee going in his

bicycle to purchase some articles on 2€.Q3.2006 at

V//o.



3 MFA No.11239/O8

about 6.30 p.m. at Anchekoppaly, the driver of the
Tempo Traveler, bearing reg. No.KA 05 D 2?28g{o:iven
by its driver in a rash and negligent mahher hit the
cyclist. On account of the r3ooident,r afiahw
Gangegowda sustained Zggriefoeethiliinahries.h
Subsequently, he succumbed to the injhgieé in the
hospital. He was an agfionlturistib§ orotessionr
He was also plucking oocofieta in ooconet oarden and
also doing cane etioke ihaeineee}trt;Therefore, his
wife [1" claimant}, hie ehiieren feiaimant Nos.2 and
3] preferree g tlaie oetition under Section 166 of
the Motor_hVehic;es,fiflot;'talaiming compensation of

Rs. 30330.1oo3%4d3';V-_r:"i  'A

4. tAfter_]$erviee of notice, the respondent

"< entered iappearanoe" and filed their statement of

hV1ob§eotiofis;»oontesting the claim. But, they did not

degywthe--aeoioent or the insurance coverage to the

-- vehioiee involved in the accident.

h5. The Tribunal framed 3 issues. In aupport

i",fliof§the claim, the 13' claimant was examined as P.W.1

hrand an eye~witness by name Sri. Mukunda was examined

as P.W.2. They produced 21 documents, which are

marked as Exs.Pl to P21. The Tribunal on



4 MFA No.11239/O8

consideration of the aforesaid oral and docueentary
evidence on record heldr that the accident "dag on
account of rash and negligent driving §§Wt§éié&§§9F
of the tempo traveler and thee actionable,negligencelg

is established. ,A :gr': 3 ._--. nae ,i.
6. The deceased was aged about 46 years at the

time of the accident and Q83 an'agrionltnriat. it
is the case of the elaimantS,that the deceased was
also plucking coconfita and aellieo cane sticks. In
the circumstances, ;t"t§pk*incoee of the deceased at
Rs.3,000"QQioreEi dedected lid toeards his personal
expenses' aooiiedithaxfinltiolier of 'E3' and awarded
a sum oi @Rs§3;i§;bCd%Gfi" as compensation under the

head of loeseof~deoendency. In fact, it has awarded

lV* a 'a§m,_0f« Rs.7d}GOfi~0G towards other conventional

i_heads[" W Thee in all it awarded a sum of

Re,§g82,0dQ~bO with interest at 6% p.a. from the

'xudate ~.or;_ the petition till the date of payment.

'fffigerieved by the said award, the present appeal is

'i oreferred.

7. The learned. counsel for the appellants
assailing the impugned Judgment and Award contended

that the deceased was carrying on business of

h/.



5 MFA No.11239/O8

selling cane sticks and he was also plucking
coconuts from the trees. Therefore, the irihnnal

committed an error in taking only Rs.3gG0O§QQ gone

as the monthly income of the deceased and therefore; k

she submits that a case for esha§¢¢m§ng[;gima§§»9§¢.

8. From the aforesaid nateriak it is clear
that the deceased was    was an
agriculturist and véoingi gifikging of ecoconuts and
selling cane sticks after ssfiaiging license from the
Forest Department, ehieh is not a regular business.

In fact, no decfimenteiydejidence produced to show as

to the income ideriéed _from the selling of cane
sticksos Except the essertion of P.W.1, there is no

evidence in this*regerd. Under these circumstances,

~w_the Tribune} is jfistified in taking the income of

i1itne"gdeceasedn at Rs.3,000~0O p.m., applying the

euitiplierhfiof 'l3', deducting 1/3 towards the

inhpersonai expenses of the deceased and awarding the

jvoompensation. In fact, it is very liberal in

dranting a sum of Rs.?0,0GO~00 towards other

Woonventional heads. Therefore, the compensation

awarded is a just compensation and. do not suffer



6 MFA No.11239/O8

from any legal infirmities to call for interference.

Hence, we pass the fellowing:

ORDER

The appeal is dismissed}; fie éoétS;. ..ee

Ksm*