High Court Karnataka High Court

The Branch Manager vs Shri Nanjundappa S/O Rangappa on 27 February, 2009

Karnataka High Court
The Branch Manager vs Shri Nanjundappa S/O Rangappa on 27 February, 2009
Author: A.S.Bopanna
{K THE HIGH COURT OF' KARNATAKA

CIRCUIT BENCH AT DI-IARWAD

pawn mrs ms 27'"! mm or mnnunyé.   

BEFORE m_  % V %
Tan HOWBLE MR. JUBTIVBAE .1j.s.:' 
!V£.F.A.       VA 
BEIWEEN: _   " "  ' 
Tag BRANCH MANAGE}§_"'j%'-

UNITED INDIA INSURANCE     
DAVANAGERE3      " "

REP. B:Y":*i';e; £§f1:v1S'::i::I~z.t§L«.z§mN3:§':a":1é 

DC},BE:I:,LAE?Y '--".V--«».__»    M %

   ~  %  _   APPELLANT

(BY SR1A.M';*'.VENK23T§:2SH~;"SR¥ 13.3. RAJU AM)
331 SUDARSHAN', Am/s.)

I   'S§é1"'r§VA§:;J1,:~NDAPPA

. "Vs/0 'RENGAPPA
 AQ-ED ABOUI' 5? YEARS

    RUDRAMMA

" *  W/C} NANJUNIDAPPA

V' 2 _;AGE1:) ABOUT' 52 YEARS

   SMT. NAGAVENI

W] O MANJUNATHA
AGED ABOUT 27 YEARS

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4 SANDEEP
S/O LATE MANJUNATH
AGED ABOUT 7 "YEARS
5 NANDINI
D/O LATE MANJU NATHA
AGED ABOUT 4 YEARS'; _

4 AND 5 ARE MINORS REP...V'BY
MOTHER RESPONDENT N-s.;'5-_ 

ALL ARE RESIDiNG=AT MAHANAND1.
KOTTAM, NEAR CANAL, "N1%'RD 1~:;§..13-.. _
BELLARY -- _  A   '

'   RESPONDENTS
(By Sri Y LA§<si»;4Mfi§AN*r§; .f.?1'?a1:)E}Y',:.'('\.3')\:"."'VIV+'V'OR R1 TO R5)

Ti?iIS"APPEAE.} "}S t:~*11 ;Ep" :1/s 173(1) op' MV ACT AGAINST
THE JUDGMEANT ANDA"AW'A_RiV) 1'.)A'I'E1f):O9.01.2()08 PASSED IN
we Ne, 663/'Z005 'o_N'~»THE FILE OF MEMBER, MACT-II,
BELi,.{%I?'i'}. AWARDING A COMPENSATION OF Rs.5,96,ooo/--

 '--.iNTi€',.f?:E$3*§' Afsj 6% 'p;A;'PR0M THE DATE ore' PETITION TILL
 RE'ALISA'£'.IGN;'--

 '' COMING ON FOR ADMISSION THIS DAY,
"E'HE'_'COUR'If_ f}.E£..EVERED THE F(}LLOWiNG:

i

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JUDGMENT

The appellanvinsurance Company is beffife

assaiiing the judgment and aware} passed in ‘

insofar as the quantum awarded Es

Tflbuna}, Be1]ary(for short __

2. Beard the learned f()::”._ ‘the p}arfies and

perused the appeal

” . the quantum of compensation

gzanted, ~. for the appelIant–Insurance

‘~ would” ‘éoaaad that the amount awarded towards

‘less; of degfieftdency’ is on the higher side in View of the income

of Vbeing taken at Rs.4,500/- per month, though

I110 evidence was produced before the MACE’. It is

x V’ “..:ag2a3:1;tezn1’cIee’I that in the absence of documentary evidence, the

income, which is reasonable shouid have been taken

” the MAC!’ and the present income taken is without any

basis whatsoever.

J?

:99

4. The learned Counsel fo;hflf;_e howeyei’ .

sought to justify the award by conte11c7;’i11g: has

noticed the number of dependents _g3t11re L’

business as stated. Therefore, noticing that
even in respect of an wages would be
taken around Rs._3,000/_~.. in the instant
case, since the ‘\s;§,si§g§.A:d’C.:3_5:’iEt:§gv’:’V.1’$i1:”;iii1″xesS, the MAUI’ was

justified in £54,500; — per month.

5. dim’ the 1t«:gVh5+;I1tj'<,»:£*'»r.i';:'.-:–.1 contenfioixs, a perusal of the

judgment passett by would indicate that the award of

V' «–eemf§e'hs;n::ionA. undefifiead of 'loss of dependency' has been

MACT While answering issue No.4. With

regaaniiddto ineome, the MAC!' has noticed that the deceased

'teas a man aged about 30 years and he was nmning a

Knfaiiaéshop at Hanagai and it was the say of the claimants

ne was earning Rs.8,{)OO/- per month fmm the said

Webusizxess. Therefore, in the absence of documentary evidence

relating to income, the MACT has not only noticed the national

J

V!

income that would be considered in such cases,i'Mb'ut.'_'ha_s

referred to a éecision rexidexed in the of

INSURANCE COMPANY LTD. —-vs-I:'iSAi:'~I:.(4}AA1§Z1Eu'FA':4.SH,{R?§flia'§§fD

OTHERS ~2005(2)'1'AC 551 (zéugjab &.}%e.ryan.a)"'e'e:j¢zg;:£ing_:'; téiitziiee.

principle of reckoning the notioiiaiiinoome 'ioA_VV:s1ichi'cases. On
comparison of all the MACK' was
of the View that in the that the
deceased was be desirable to
I'€3CkOI1 the month.

flonecessaxy to notice that the

accident hoici-. year 2004 and during the said

_ an was the modest income. That apart,

five dependants who are the claimants and

a young wife and two smali children aged

-vaboutti Even on this front, if it is to be noticed

favvmfli ily of this size was to be maintain’ ed, since’ the

.’_j_deee{ised was young man of 30 years, the said income as

–_”Ieckoned by the MAC!’ is reasonable and the same does not

it it “call for interference.

i

F.

‘3’. Even otherwise, it is noticed that on .’ ‘.lg;__tv’11c=:r

conventicmai heads, the amount awarded is _91:; ihe’ !(§w::r- sicizz

Therefore, taking ova}: all View that i

years oid male, the compensaftign a§.é”afli>’za1dcdj

just and pmpcr, I see no rcafiexgfta ififfiI’fi_i’i?3– award

passed by the MACXI’.

Accoraigg1yj,[A Vme a;§p¢é1′,.beigg.%’;;gy¢;¢;%« .51′ merit is disposed
ofwithzvivcf’ #§if1éY:.QS _ .

_In_V ” of thfm appeal, the appellant

gg, (;g;3pan”3%” ” anal} ” deposit the entire amount after

if any aheady depositm.

Sd/”.-

Judge