The New India Assurance Co Ltd vs Kannappa S/O Late Giriyappa on 9 October, 2009

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

 

DATED THIS THE 09TH DAY or OCTOBER,  ._

BEFORE

THE I-ION'BLE MRs.JUsT1c_E...B.,V.NAt§ARA'1*;{i&L4L'_;_  «V

M.F.A.No.s295/2.00:5'msgxg'      
BETWEEN: V " V' 

The New India Assurance Co Ltd';-.._ 
Branch Office, MaIIesh'waram'V'"'" ' '
Through Divisional Offictel _ _  V
Gopal Complex, Bazar Street,   
Yeshwanthpur, Banga1_ore.+_2;?.. 

 _ _ r     ...APPELLAN'r
{By Sri: K3~Suryanar§1yana._ Adv). '

AND: 

1. Kannappa    <
S/() Laite_ Giriyappa, " 
Aged abot:t_49.years. '
Since. deceased' by LRS

  
 .W'zo£:asnappa
V"Aged' ai3.o'u't:;4'1 years.

3. 'Kum.;V:c:5}a,
._V D / ov Kzmnappan
' .. vAged"about 9 years.

 "respondent--3 minor represented

; by respondent–2

All are residents at
A.G.N.KaIyana Mantapa
Arakere Gate.

Bannerghatta Road.

Bangalore 76. Q)’,

corroborative evidence and hence, the Tribunal awarded
exorbitant compensation which ought to be reduced:’fin”‘this
appeai.

7. Per contra, counsel for the respondents,’ciaiinants

submits that the deceased was-_uaged’-.18 years”a.nd..ithat she!’

was working at Garment Factory. U.nder’t1<iecircurnstances
in the absence of there;:._being–«_t:an;yA evidentceipbwith regard to the
actual income e_arnedA_by:'_the'v._tdecQgis.;§¢i~g..'ivyvtfie Tribunal was
justified in "V'.'1.vO;:'.7i'O1::'l:.E1'1;: 'of*i«Rs.3OO0/-p.In and
thereby does not call for any

red uciion in At}vii_s aivxjpteai.' ' _'

8. _Having xhearjd counsel on both sides and on

‘~ _ pertisa; the rnate”ri’aiVon record, it is seen that in the ration

V cardwpro.duc’ed_Va-t Exfy, the age of the deceased is shown as

1.3’ye«ars«in’f year 2003 since the accident occurred in the

year the age of the deceased would have to be reckoned

astlfléyears. Though in EXP? which is the P.l\/{Report the

age of the deceased is shown as 18 years, since Ex.P8 is a

V “document which has come into existence at an undisputed

point of time, the age is shown at wbuld have to be
taken into consideration and accordingly it is held that the

5%

I’

Rs.2,92,000/-. The said compensation shall earzy interest at

the rate of 6% pa from the date of petition till A. V

10. For the aforesaid reasons,theéapfieettxietiv’atiot1}eci._4’£nbT. AV

part. The amount in depositV’-befQre.’;this_

transmitted to the Tribunaii tiirectionte-Lt2t>’ttt1v–wregard to V

the deposit and disbursement’sha1!.t_ef011eW~ ihveresgbeet of the

compensation now ass3e”ssed;’_ V. ”

” .95 UDGE

KVN*