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Smt Sangavva @ Parvati W/O … vs Ishwarappa S/O Shivayogappa … on 2 March, 2010

Karnataka High Court
Smt Sangavva @ Parvati W/O … vs Ishwarappa S/O Shivayogappa … on 2 March, 2010
Author: N.K.Patil And A.S.Pachhapure
{N THE HEGH COURT OF KARNATAKA, CIRCUIT BENCH AT
DHARWAD.

DATED THIS THE 2ND' DAY OF MARCH 2010
PRESENT
T1-IE 1-ION'BLE MRJUSTICE N.K.PATlL

AND

THE HONBLE MR. JUSTICE A.s-.'PAc1--H~fi1;;P1J_Rfijv   

Miscellaneous First Appeal No.   " . «. CV 

Between:

1. Smt. Saragavva  Parvati , ..
W/0 Mahadevayya Gokak '   _
Age 48 years, Occ: Household 

:2. l3asa.y'_Va S/0 A/ICa.he:tlC?i5f\ay$?s;'  j  C
Gokak, Age--*2~/«l y_ea,rs "*i:;:   
Studem  7

3. Mallayya s/A 
Gokak, Age 22.yee..rS C ' "
Studenig, , " '

 CV Afiare" i,_Hirel--ho11n'elli' """ " 'V
 Ka1aghva:agi','DVist: Dharwad .. Appellants

 (By si*:.L:§;;¢Csni\r:.g1a%,5a:-i'1, Advocate)

V 

"'I..s:§1warap.p'a- 5/ 0 Shivayogeppa
 K.erudi;...Age: Major, Occ: Business
 E2/'o'Halepeth Om, Tq: Shlggaon
-Dist-t' Haveri



L»)

This is a claimant's appeal. The claimants are the wife and
children of the deceased. They have filed a claim petition u/s 166

of the Motor Vehicles Act claiming a sum of Rs.20,00,O00',l_f0ii':'}.n

account of the death of the deceased in an 

occurred at 6.00 am. on 20.08.2003 when he was.Vpruoceed.ing on

Bha.rwad--Kalghatagi road to go to Kadri 

motorcycle bearing Reg. No.KA~25/l.;9_l07.ll=The driver'.lAoif"t'he hero 

honda bearing Reg, No.KA-27/J-73'?:5"i.came"   and
negligent manner and dasifzed againsfl;thei'.._deceased"" and on
account of the same. the deceased  of ribs and

right forearm, lower ,end 'wrist and:'V.«succ'uije_bedli=to the injuries on

the spot.   up'"foVrv"consideration before 'the
Tribunal and 'then 0  " assessing the oral and
documentary evidence  rnaterial on the file allowed the
sarne in awarding' of Rs.2,23,l84/-- with interest at 6%

p.a._ fro:m,Vpetition till the date of realisation. The said

 cornpei1_satiori" aI'w.ar'd:"ed being inadequate the claimants are in

0 

    have heard learned counsel for the appellants and the

' i.fiearr':edf counsel for the respondent--insurance company. After

«~v~""'"
..m-M-v"""M
.a-*''"

l



careful pemsal of the impugned judgment what emerges is that on
account of the injury sustained in the accident the deceased died

on the spot on account of which the claimants have filed a claim

petition contending that the deceased as drawing a 

Rs.9,242/- p.rn. Ex.P5 is the salary certificate produc:ed.V  it

the said salary if income tax and professio.na'l»tax are 

net income of the petitioner would be   

which if 1/3 is deducted i.e.,  th'e,n.et 
come to Rsi-€3,870/-- pa. The deceased._wza.s 'aged. Sizyearsiand the
proper multiplier to be apip"lieid_,is,   reassess the

compensation for loss of depend--ency   as against

Rs.2,03,184/aasesessed  the"Tribuna'i';vvV-- 

4. The "Fribiu_nai. fui=tit1er'corr:,m.étted an error in awarding just
and reasonabie coinpensatioi~1 towards conventional heads towards
lo.s"sof co._ns«orti,um__, §ossi"of--..1.o.v'e and affection, funeral expenses are

inadequate ,and"ne'e.d" enhancement. Having regard to the facts and

 circumstances as",'-stated above, we award a sum of Rs.20,000/--

iixtowards loss" of consortium, Rs.§0,000/-- towards loss of estate,

4:  towards loss of iove and affection and Rs.10,000/--

 



interest within a period of four weeks from date of
receipt of a copy of the judgment and award.

(iv) Out of the enhanced compensation of Rs.2,09,3j€.36/~

Rs.1,5(),0OO/-- with proportionate interestpV...s_iia'1:1'tithe"3

deposited in the name of the 15' appellantiifdr a:p.eriod 

of five years in a nationa1ised;'bank'a_nd reneWab1e"fé)r 

a further period of five years.

(V) The 151 appellant is  tohvhctraw-..t:}ie 
interest. it :

(vi) The remaining ~ with
propc>rtior1at(g ii'/1 favour of the
  on deposit by the

(vii) Draw} :;.§'1ev'a.wVard 'aLt:Cordir1g}y.

 .....  

JUDGE

Sd/-
JUDGE

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