IN THE HIGH COURT OF KARNATAKA AT BANGALORET
DATED THIS THE 3120 DAY OF NOVEMBER geaechgi "
BEFORE
THE HON'BLE MRJUSTICE MOHAEN sEF1'Atq*rA:~JeAx9§ouaAéee
M.F.A.No.414Q/zooaemwc) '. 2
BETWEEN: V V
Smt. Maliamrna _
W/0 late Shankarappa V
Age 39 years ' V
R/a Nagenahalli V
KadurTa1uk ; _ ' '
Chickmagalur ' ..Appe11ant
(By Sri S; 'Bfiat s;e;;§xss¢cj;gaes, 'Adv.';v}
AND:
1. P. Ra1ne;.ri'a.%Redd§I
S 0 "Pt .Naray:1,r_1é1 Red}-:1y
about 24 'years«'
E' « ER'/a NQ.5_/76, Shivapuram
' Singanargiala-«Mandalam
'- '£\f1$iI1:f,éjf)u1'E3;'R'iS11I'iCt
'' .Ai1drapré;des§h State
{'i)_r'iVe1" 'of .1'orry bearing
NO ..AP*.02 /U410 72].
V' ID/E4,[S. Pioneer Builders
" -Sajj aladinne
Tadipatri Mandal
_ Anantapura District
Andrapradesh State
{Owner of lorry bearing
No.AP--O.'2/U--4072).
3. New India Assurance Co., Ltd.,
9"? Floor, Parishram Bhavan
Bashir Bhag, Hyderabad--0~<}~. "
{By Sri M. Narayanappa, Adv., for R3)
MFA Filed under Section 173(1) oi;':vi.fv.
judgment and award dated 27--12--'200--7 passtzd "in MVC
N0.101/2007 on the file of the Presidirig Officer, }?astfI'i"ack 2 '
Court & MACT, Kadur, partiy aiiofiving the .claim petition for
compensation and seeking enha_r_i_cer:ie»rit of com_pensation.
This MFA coming""eii.fere_ tiifiéfiaiiiillg, this day the
court delivered the fo11owiI1g":._ 1
'*fJUeaMENT
This'apipeaI by the claimant praying for
enhmacyehient V.'Of.t__h_e_ compensation awarded by the
":2 Ttfifbzinai be'1QW.__
2.. the accident that occurred on 20.1.2007 at
it p.rn., the deceased Maruti lost his life. He
XJ.
_3,
left behind the claimant, his mother as the sole legal
representative. According to the claimant, the deceased
was working as a Supervisor in Product Safety
Department with U.C.Creations, a division of V.
Exports Limited and was earning Rs.i0;l0_:()0jg'~--:
month. The Tribunal having held the
offending vehicle was soiely responsitiie for lgaccideti"t, it
has awarded total compensatiorief tinder
various heads with interest 1. .p..?a'.~-.fromVVthel date of
petition till the date of to pay the
compenisation}5.is fnte'd'l on the respondent-
Znsurartce lCoinpanj_74; l
3. it has produced the salary
a_vCert.iii’cat§3′ at E)t§’P’8.,….w’hich discloses that the deceased
eaI”ning’=its-(5,000/– per month. According to the
deceased was aiso getting a sum of
/’:.~ per month as overtime allowance. However,
av
there is nothing on record to support the said
contention. The Officer who has issued the
is also not examined. The accident has occ’iirred”ifi’*ith’c ‘
month of September, 2007. Any -a};)1e–‘_4’ it
would have earned Rs.100/– to
Bangalore during the relevarit_pptirh’e.__ “-_{fh’erei'”o:’e; sjthis”
Court assesses the.» ‘deceased at
Rs.-4,000/– per was a
bachelor, “Vibe deducted in
respect of -The claimant is aged
about gt; it “_th’e appropriate multiplier
would 5; in the case of Sarla
Vern_1_q &i”otfLers’– Vifielhi Transport Corporation
..¢.,c;nif:.’j.%t1rioth¢2r, réported in 2009 AG! 1298. Thus, the
évepptitled to Rs.3,60,0’00/– under the head of
1oss..ofdenejt1Cienc .
__ t V
M 5-
In addition to the same, the claimant is aiso
entitled to Rs. 10,000/- under the head of loss estate
and Rs.10,000/– under the head of love
The Tribunal below has correctlyAyyaward’e(i’i– ”
under the head of conveyance funeral
etc. Thus, in all the
Rs.3,95,000/–. Accyordinglylwthe._ following Vforder is
made-:~ it V it
The 1.. is awarded total
compenlsatioid. _ [Rupees three lakhs
nintyfiife ‘thousanidol’«.on»ly}~, inclusive of the amount
already avifa1’ded.by ithe””:I’ribuna1 below, with interest at
from lthlemtdate of petition till the date of
” of the totai compensation awarded shall
be deposit in any nationalized bank for a
Z””‘–..lVV”;)eri0d three years, with Iiberty to the claimant to
Withdraw the accrued interest periodically. Remaining
M
-6-
50% of the amount shail be paid to the claimant.
Award shail be drawn accordingly.
Appeal is partly allowed.
Sri M.Narayanappa, learned counsel
to file Vakalat within four weeks __f1iQI11 t0:iay_»- Vi: . *
*(:k/–