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