AND: 1.
SHRI RAJU, S/O NARASUDDIN ALASE
AGE MAJOR, OCC: BUSINESS,
R/0 KRISHNA KITTUR ROAD, AINAPUR
TQ. ATHANI, DIST. BELGAUM.
2. THE DIVISIONAL MANAGER,
THE NATIONAL INSURANCE CO. LTD.,
DIVISIONAL OFICE, RAMDEV GALLI,
BELGAUM. * I
J _ …RE;SPONDENTS V
(BY SR1. SURESH S. GUNDI, ADV. FOR R2,; ~ * ”
THIS APPEAL IS FILED UNDER SECTION 17<:s'('1I';j AVcT_"*.
AGAINST THE JUDGMENT AND AWAF<D_ DATED_9;'5/2-QOSPASSED IN '
MVC NO.1714/2005 ON THE FIL E01?' THE III ADD_I,."c–Iv1L JUDGE(SD}
AND ADDL. MACT, BELGAUM PARTL_Y_ ALLOWING THE CLAIM PETITON
FOR COMPENSATION V AND :SEEK_ENG " ENHANCEMENT OF
COMPENSATION. – A D "
THIS APPEAL COMING ON._FO.R’ c{RD.ERS DAY, THE COURT
DELIVERED THE FOLLOWING: * — ,1 1 I
IIII ‘- G T
This¢appeai~ iS” finally in View of the short point
i1’1VQ:;VéCigf0i’ cOi’1Siderati’on.
_i’i*he ciaimants are the appellants herein and
are aggriPe:ve”d by the quantum of compensation awarded
bythe ..__Trib’t;InaI. It is their case that deceased Annappa
:.”h.uLsban’dsOf first appellant was working as a mason as Well
I ‘asareontractor and t refore income taken by the Tribunal
. I
is on the lower side. Loss of consortium amount is also on
the lower side and also the reduction to the personal
expenses of the deceased. Learned counsel for the
sought enhancement of compensation urging’ the…lVaho»’vlel V’
grounds.
3. Whereas the submission 2 of the learnedv counsel
Sri. Suresh S. Gundi for thelllinls’urance”company is that
income taken by the l..’l'”ri–bu1–:ial§. and age of the
deceased was 34 years.
4. heard” ljoth. sides, income could
have beenl’tal§e,n / filperlimonth as the evidence of
the wifleis that was a mason and was doing
contract work also; consequently under the head of loss
~'”~,__of ._’:dlepe_nde__ncy,hl”ta–1<:i.ng the deduction of 1/ 4th towards
personal 'e;s{pens_es, as there are number of dependents left
byllthe income at Rs.4,000/- per month and
multiplier l6, taking the age of the deceased as 34 years,
V' l..j}.1i::a-ex the head of loss of dependency, the amount will be
ixgorlted to Rs.3,O0O)¥§16m5,76,OOO/W. MACT has given
. #
Rs.3,60,000/-. Under the head of loss of dependency
enhanced amount will be Rs.2,16,000/–. Towards._:io!ss.V_of
estate, Rs.10,000/– is awarded, towards loss of _
a further amount of Rs.10,000/– is awar_dcd.«..:.:f.Th~tjs«,A the 'v
compensation gets enhanced by
carry interest at 6%. Apportic-r_1menVt.ar11ong
will be as per the order of the Trib.1jr1a1.
Appeal is allowed "in't«'part*
kmv