High Court Karnataka High Court

Smt. Shakuntala vs Sri.Akbar on 20 August, 2010

Karnataka High Court
Smt. Shakuntala vs Sri.Akbar on 20 August, 2010
Author: A.S.Bopanna


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2. Heard the learned Counsel for the parties and

perused the appeal papers.

3. The claimants had contended that the deceased

was working as Patakari (volveman) ‘in Sara’sWati”Li’ft Irrigation

Scheme at Mahishagal and in aidd__i_tior1iito. sarnegl*1e_Hwa,s also.:’

working elsewhere. in the absence, of acc..eptablé evidence
before the Tribunal with r._e_igard*i_to ithie”inco”me, the Tribunal has
come to the conclusion thatvieven in:,respecit=.of’icoolies the same

was being considering the

avocation of ithe–f_cl_aim’a’n.t ia:f1::1,irr1’7of il’§s.3000/– per month was

taken. that “p;f.oced1,ire4jvisiladopteid, considering the fact that
this Court has ‘Rs. 100/– per day in respect of a

coolie,_conside’i’ingthe avociation of the claimant it would have

beL..co1i:s.idered ai’Rs’;i2o/- per day. Therefore, the income

‘per in a sum of Rs.3,600/–. 1/3″‘ deduction

rnadefby th.eiT_i.’ibunal would have to be adopted in the instant

il’~.,_i’c,ase. The; appropriate multiplier is 13. The compensation

head of loss of dependency worked out based on the

parameters would be Rs.3,74,400/-. Since the Tribunal

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has awarded a sum of Rs.2,88,000/« under the said head, the

claimant would be entitled to the enhanced

Rs.86,400/~ under the said head. In additionito

awarded towards conventional heads a_”fdrti1e;1* sum ‘oft

Rs.20,000/~ is awarded.

4. Therefore, in all, erititled to
enhanced compensationotiifis.;ii,O§i4iOO_/’vvijvvith interest @ 6%
pa from the date of the pe.ti.t,ior1 realisation. The
Insurance Within a period
of six months. a copy of this Order.

On deposit, thei’a3?not;ritV’sha1’l. disbursed to the claimant.

5. In the appeal stands disposed of.

W No ordejr asrto costs… ¢ V

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