High Court Karnataka High Court

Vithabai W/O. Late Vithal vs The Divisional Manager, Oriental … on 1 July, 2009

Karnataka High Court
Vithabai W/O. Late Vithal vs The Divisional Manager, Oriental … on 1 July, 2009
Author: Arali Nagaraj
  Tq. &-.._Dis_t.' 'Gtfiharga.

V « {{.';gyA S§;é.,S&I2tps1;Bixadar, Advocate)
  ' VT , The- .,I§iviSiona3 Manager,

  Insurance Co. Ltd.
" ' V % Eivisiorx Offim, Gulbarga.

 

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1. Vithabeiw/o  V .
Aged ;ab._Léte: 'Vit23;a_1_   % %
Age: 24:3;reaxs,-. *3, _ 
Occ: Hoégsehold    "

3. Nagnath S/"o Late V"itfi.a1 = V
Aged about 22» yeargg. " A
Occ: Studgnt '

4. V"  Suzrekba D:/'0  Vithal
7 ._Ag::d' about 'BO. years,
()ccV:.*Sti1d.e:'1;;- 3;,  - . V 

AIIRIG Villagt: Markunda

. Appellants

 RESPONDENTS

(By Smt.Pmeti S.Mc1kundi, Advocate)

different salaries of the deceased and

R’s.5,0()O/- as the monthly loss of to

family. Thus the amlual loss of

Claims Tribunal is at Rs.60,00Q/–. 3:!/’3rd of L.

towards personal expenses ‘ V’}However,
though the age of the deceased “years, the Tribunal

has committed serious emor–»in .cl;oosin5g”i;1tiltjp1ier ‘8’. As

laid down by the ofaulam Khader Vs.

United Inficl in 200.1 (.2) ma 340 ,
the pmper to have been chosen. by the

Claims If the annual loss of

dependency Rs_.V4(§,Of}0/’– is multiplied by this multiplier

.’fl1″1?,AV’ to the family of the deceased

iovv§1?[ss§;,4o.,ooo/–.

~~ “Tide Tribunal has recorded its finding that the

who was moving on the road on his bicycle, had

contributed to the occurrence of the accident and

therefore, the Tribunal assessed the contributory

negligence on the part of the decmsed at 50% and thereby

,…»».._5,

occurred in the middle of the road, no evidence whetsfcever

is placed on record, either by the owner or by

of the said vehicle as to hoW;,Ath_e

contributed to any extent to the

On careful rwding of the itngiuggxed A’§_t_:”‘ccw.:ld

seen that, as rightly suhmitted_:4_l:hy:.fi2ej’ leetlrned for
the appeBant«claimants;”-“no. assigned by
the Claims that the
deceased the accident to

the extent of :”,;.;;;;;. V ‘V A

6. the facts and circumstances of

the case, the documentary evidence placed on

Vfeccrd-why»-.”nthe ..clain1di’i’t¥lzappellants, I am of the considered

‘ ” 4vt§1e\.i.~Cia1’ms Tribunal has gwossly erred in

holdir-lg; that deceased contributed to the occurrence of

” to -the extent of 50%. Further, I hold that that

A accident was solely due to the negligence on the

part; of the driver of the bus. Therefore, the appellant-

Vd claimants would be entitled to the entire amount of loss of

dependency of Rs.4,4{),000/~ as against Rs.1,60,()OO/ —

awarded by the Claims Tribunal in

judgment.

7. The Claims Tribunai

amount of cexnpensation to 2. [£0 the

children of the deceased,..V.unde’f love and
affection’. Therefoie, I IeeV1″=.=_,’I’V33? Rs.10,000/-
in favour of 3 under the head
‘lass of love e1e2f s.}5eoo0/_ awarded by the
Claims figfiexmz and other incidental
expensee “i_s ,.=efieIefore, I hereby award an

additional of }V§0 ;OO0/- under this head. Thus,

” ‘me V eI””‘ceinpensati0n, which the claimants

Lsha1i_’be~ee;i§i::%e@%: te would be Rs.4,86,000/–, the details of

‘ V’ wixiehgire asiigizierr

Toweefids loss of dependency .. Rs.4,4-0,000/–

if . fI’6x~vards less ofleve 315 affection .. Rs. 30,000/–
(I-<'s.1o,ooo/– x 3 )

Towards funeral and
other exmnses .. Rs. 16,000/~

Totai Rs.4,86,000/~

8. The Tribunal has awarded inte;r’estf :.. tI:e

amount of compensation from the date flog»

from the date of petition. It is i ‘.

interest has to be awarded *

Therefore, the claimants _it’ltCt5BS{ on the
total amount of ‘ R.s3d,’86,0OO/– inciuding
the amount enhanced per anum from
the date of K payment. The
claimant tbe deceased shall be
entitled amount of compensation and
each of being the children of the

deeeas;ed,t..shetli’-»beeltlttfled to 20%. 50% of the share of

I-fitV.e1ej:1f1at1t3=No.’1~,_sha1t’be deposited in any nationalised bank

of her fore. period of five years, with a direction to

the Abanker the interest accrued thereon or the said

‘of deposit or any part thereof shaii not be

to be Withdrawn by her during the said period of

‘ years without the permission of the Claims ‘I’ribuna1

‘ ” eoncemed.

9. in the result, the present “ix;

part and the award shall be modified in__tl??;.:

The 2nd respondefit-iilstufir shall!’ ”

of campensatien with interest thereon, 8 _fWé€%;s »

from the date of receipt of the §