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Smt Hanamavva W/O Veerappa @ … vs The Branch Manager United India … on 28 May, 2008

Karnataka High Court
Smt Hanamavva W/O Veerappa @ … vs The Branch Manager United India … on 28 May, 2008
Author: Anand Byrareddy
 &  myshra; cmamheaua P Pulil, Advocaln)

V 1 The Branch Manager

-:l:-

IN Iflfi fllfifl COURT OF QAEEATAKA AT
BANGALORE

DATED THIS THE 23"' DAY OF MAY   L  % 
BEFORE:      %
THE HON'BLE MR. JUSTICE   
MISCELLANEOUS FIRST  1  % %%
BETWEEN:       

5895   
R/'c-uB§a;mapu'r "   
Taluieand    ',tK<_:'ppal,
; New resfizlizig '81 C30 Iuyavva
3  wxjo 'ivladiwalat,
 "  Hotel,
' " V   Circle

  
  % %  APPELLANT

United India Insurance Company Limited
P.B.No.7S, Lazmi Bazaar,

2



%   xvsm of Vehicles Act against the gnaw and award
 'dstbe!:_(}!j'('i8i2{X}6 passed in we no. 5212092 on the me ofthe
"'Ad:il.  cem  (Sr.Dn) &. Add}. MACT, Gadag, partly

H V' . enhance" szfneniof compensation.

_    " 4_  Miscullanwus Final 15% coming on Ibr having
'   gran day, fine Com delivered the following: ~

Dhummi Complex
Chit1'adurga--577 501.
2 A Mahantesh

S/0 Adiveppa

Age: Major  _ '

000: Owner Of Tempo  _ __ V
bearing its  _  
Reg.No.Kn-0l--M-4484,  '"
Taiuk Hiriyur,   ' " ~ , _

3 Sml.Lalilav_va     
W/o     _ 
a:1dI*E1'§ot:s~?Lho1ti;'.. .   
   " 
'3£'a1uq"and   .

(By Sim" uM,U  for Respundcnfi No.1)
shrj. code "I€agaraja'-, Advocate for R-3,R-2 dispensed

~  Miscisiianiatxaxs First Appeal is filed under Section

al'iQvi?ing_ .t'i'zé_ Aélaim petition for componsanb n & mm' g

$5

 



JUDG&T

Heard the Cmmsel for the uppel  and   «  

the respondeni.

2. The fimls as are Jxgluvmgi---§:§fr"L!h6   appeal

 that   motor accident

invulving   which, a claim was use

for  H "i{f'jg  was
emgioyed as a   vehicle (Bulldozer).
The Tribunal  wmg ..w.H.a;..g  has Edam [he

i.n-mgij     *'~'a,¥.,3is.SV§}-"per dayamd W "W , E9353'

  Further in awarding the

  25% of 113:: amount in favour of

    in flavour of tin: widow of the driver.

2   lhewiow befun: this Court challenging the

  uf the income of the dweasui and to

g



apportion higher amount of compensation in fiiveafsi'

appellant.

3. The Counsel fur the Wnmiwwm  gm 

d% was admittedly mvow; if;  §vhi1a 

opcraling a bulldozer      who
0f :1 bulkitnzégfiv  lhemfom wuuid be

earning  """   1" _   The
Tribunal has unnpiemxy  this aspect of the mum-
a:1d__hcnLw:_£§h& smo;1::'i.. .;.,;np¢nsaaun would have to be

  _lhal the: inunmc of the (1% was

 

    he wcmld paint out lint since. the aqapellanl 'm

4:$hc £§;*ould now receive and being class-I rm, lhe Tribunai was

  juslified in making unequal dislzibuiion of 25:75 in flavour

g



of the appellant llfld the thin! respondent   

would submit that then: is no justifisatigm K

unequal apportionment mt! that he

be div1ded’ equally in thvourV’u.ti’i;§1e t t;? ‘third

L

submit um % lion am the ram
that the was no evidence of
the to operate a bulldozm. In

such 91 nnpunsatk m on the basis that the

aw téami:§g%Rs.so;– per day and themfims the claim

V .1 xsis ‘not justifiul. The insurer not having

award by itself would not entitle the appellant to

the 11% was a driver of n Mllécmsr, in the

of any evidence mu! hence there is no case Rx
Hmhuncement.

3

6. Insulin’ as the nppmlionmwa of _

compensalicm is concmned, lhc for ‘*

submitmmhehasmatyinwemutifi. A’ 1 ‘V ‘ V

7.11″: Counsel ram hand
would submii lhal imam k% is ennoemed,

having is aged and nu ma
its discmlion has awmdud a
Inge; the third reaptmdcmt. ms is

{incl am they both are am- I knit:

. regard In the relalive age of the claimants.

‘ H the Counsel would submit that Emu is no warrant

on the ground ofappnwtionmmt.

6

T X mi}./55% in favour or the thin! rcspumdeli

9. Itmofar as the appuafiunment is M

claimants both are class-} heirs, tho I-iitaeiéi ”

Ac: the Tribunal was juslified in

lowanis the widow and icsscrmeaam: lfie~-
However, lhc a 25°x6;.ig;

and 75% in favour of the [tin]

juslified. 1: would be mgr of

bakmw 65% in ra:«o¢£or£u«; %

Tzmam-. ,.:»…4;w;.;;., hohlug that line
a ‘”:$:.i_ compemaliun of

and apporfimud at 35% in sum or

Judge

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