Karnataka High Court
The Oriental Insurance Company Ltd vs Ambawwa W/O Karabasappa Bhange on 3 January, 2013
Author: Ravi Malimath
Bench: Ravi Malimath
1
IN THE HIGH COURT OF KARNATAKA,
CIRCUIT BENCH AT GULBARGA,
ON THE 3RD DAY OF JANUARY, 2013
BEFORE
THE HON'BLE MR.JUSTICE RAVI MALIMATH
MISCELLANEOUS FIRST APPEAL NO.30936/2010(MV)
BETWEEN
THE ORIENTAL INSURANCE COMPANY LTD
321/A2,OSWAL BANDU SAMAJ BUILDING
NEHRU ROAD, PUNE,MAHARASHTRA THROUGH ITS
DIVISIONAL MANGER ORIENTAL INSURANCE CO.
LTD,OPP:MINI VIDHANA SOUDHA,MAIN ROAD,
GULBARGA
..APPELLANT
(BY SRI. J AUGUSTIN, ADV)
AND
1. AMBAWWA W/O KARABASAPPA BHANGE
AGE: 42 YEARS, OCC:HOUSEHOLD
2. KARABASAPPA S/O SIDRAMAPPA BHANGE
AGE: 44 YEARS, OCC:LABOUR
BOTH ARE R/O VILLAGE KHAJURI
ALAND, GULBARGA
2
3. PREMCHAND S/O RATANCHAND BAPANA
AGE: 52 YEARS, OCC:BUSINESS & OWNER OF
TANKER BEARING NO.MH-12AR-2162
R/O 40/25 BHONDE COLONY
GRANDVANA KARVI ROAD, PUNE,
MAHARASHTRA
... RESPONDENTS
(BY SMT. HEMA L K, ADV FOR R1 & R2
R3 SERVED UNREPRESENTED)
THIS MFA FILED U/S 173(1) OF MV ACT AGAINST
THE JUDGMENT AND AWARD DATED: 15.12.2009 PASSED
IN MVC NO.1106/2008 ON THE FILE OF (SR.DN) AND
MOTOR ACCIDENT CLAIMS TRIBUNAL AT ALAND, PARTLY
ALLOWING THE CLAIM PETITION AND AWARDING THE
COMPENSATION OF RS.4,79,300/- WITH INTEREST @ 8%
P.A.
THIS APPEAL COMING ON FOR ORDERS, THIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
Aggrieved by the Judgment and award of the Tribunal, the insurer has filed the present appeal questioning the excessive grant of compensation.
2. The learned counsel for the appellant contends that the claimant was a cleaner. That the Tribunal committed an error in holding his notional income at Rs.40,000/- p.a., since the claim petition was filed under 3 section 163-A of the Motor Vehicles Act. 1/3rd deduction was made. Deceased was 23 years at the time of accident. On considering the material, I do not find any good ground to interfere in the matter. The notional income as held by the Tribunal at Rs.40,000/- p.a. is appropriate. It cannot be said to be excessive for the accident of the year 2007. Since the appeal is based purely on the quantum, I do not find any ground to interfere with the judgement and award of the Tribunal. The appeal being devoid of merits, is dismissed.
Sd/-
JUDGE sdu