Karnataka High Court
Smt Lakshmamma W/O Late T N ... vs The New India Assurance Co Ltd on 13 August, 2008
Bench: Deepak Verma, A.S.Bopanna
IN me man coum or KARHATAKA AT nmmzpaz
an-an mm mm 13TH DAY or AUGUST
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BETWEEN:
1.
Smt.Laksh.man::ma, . _ V r
W/o Late '1'. NfAf€arayaI5aswef:my,..:'LV._ -
Aged abouaf~v4E'«T Yr:arS;.'
M _ _
S / o '*!_Jatg T; N _. Naiayauamafamy,
Aged abotit 22._Yea;'t5g,_ "_ 4' V
Baby"
D3 0 Late 'i'.NLPIa;fg}}fa11aswamy,
A 'Age<'z."abc"m_t 13 Years.
V at Mastsnahalli,
._ 1f--éc;g't,' Chintamani Taluk,
'
appellant is minor and
_ Thence she is represented by
'her mother and natural
' " «guaxtiian, the first' appellant,
Smt.Lakshmamma.
% (By Sri.KI.V.Shyama Prasada, Adv.)
APPELLAHT8.
1. The New India Asslmemce Co. Ltd,
No.40, Lakshmi Complex,
Opposite to Vanivilas Hospital,
K.R. Road, Fort, 7
__B,__.gHGAL___Q__RE - 560
Represented by its Divisiona}"?+.%Eana§cr.. ' -- V
2. Manjunath, Major,
S/0 Nagaraju, __ E ~ V
R10 Rathna Medical &'1;om,'-- _ }
Shakambari Nagara, ' _ .'
IPhasc,J.P.N'aLgar, " 1
'V nmsponnmrrs.
(By
' «::_A§:1_v.forR:1V,' ,_
By ~s:i;'p.1uf::htai§1:A!1i:;¢j&-, ,
' Ad;v_,"{gr'R_g2;_,_ ~
£44? «A 4- an
Mis$c}1,§;;iedus.'v§-'ir;.§.t Appeal filed under Section 173(1) of
"i}3.¢ M-E3j'§i3r:,,A1Ie33,i;§:Ics Actégainst the Judgment and Award dated
'*1V6.<):V3;200$'pass7é:e;1_in MVC No.1878/2003 on the file cf the XIV
Member, MACI', Court of Small Causes,
' V, Mci1t§pg_§Iit3.Fv Bangalore (SCCH-10), partly allowing the Claim
_ Pgtifion .. fégf compensation and seeking enhancement of
K V' *
Tfiis Misccilancous First Appeal coming on for iiearing this
T «,,(iay,'Tnsm-A1: vmnm J, delivered the following:
fly
beyond a ms-magable control, violently dashed againstV."t1_;e said
"f'.N.NarayanasWa1ny and his fxiends.
serious bodily injuries. Init1ally' he was taken--'.":t'o
Hospital, Kolar, and thereafter was sl1ified--.te P\":]J11.lCl":A'1:VV§§,' j
as ultimately died on 17.02.2093. It:"'3:1a:S'.':aieo
before us that at the relevant _'1espe;:ltte31tVvN6.2 was'
the owner of the vehicle and it .§Vittt.._§1}ei§1espondent
No. 1 and that the deceasedllad 'mad accident. On a
claim being filed by the Bangalore, in
we No.1373/42é:}ef§§_:e::§_m§:'1 jt"1e6.o3.2oos a sum of
Rs.3,}.'7,0:C2(_l/'---- at 6% has been awabded.
Feeling aggrieved beivtgtgttljissatisfied with the same, this appeal
_ gas beezét lpxeferzecl. " l _____ H A.
the deceased was having 1 acre and
l 26 Qf land, which he was culfivating himself
was into the dairy business. As per Ex.P--lO he is to
7about 60-70 lines per day to a Ctroperative Milk
____'Fede3:afion. At the time of the accident, he was said to be aged
V ll 52 years.
hereby modified. The appeiiants axe helci entitied all
fimn the respondents jointly and severally a
The diflerential amount would also catty 'i tzievrest "at u ifate
at which it has been awarded by t1_1e Tfibgfim andb'f21e 'amo;u.fitex=§1::n
interest shaii be deposited by the ce H
8. The appeal is a11oWed_x{o_tlie e:gte1EIt_'j:1r1.;iade above, but with no
order as to costs. V
eeee sd/-
sax-
.....
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