Smt B N Prameela vs Sri N P Dinakaran on 31 May, 2012

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Karnataka High Court

Smt B N Prameela vs Sri N P Dinakaran on 31 May, 2012

Bench: L.Narayana Swamy

INTTHEHKHTCOURTCHFKARNHEMQXATBANGALORE

DATED THIS THE 318? DAY OF MAY. 2012 .._A  Q

BEFORE

THE HON"BLE MR. JUSTICE L. NAEAyA.NA'  

MISCELLANEOUS FIRST ./--uI>PEAL NO._IE_2b OE .2(:..j, 1, 

BENNEEN:

1. SMT. B. N. PRAMEELA:"...x C -A  
W/O LATE B. N. NARAY-ANA " '
AGED wow 47 YEARS   ' <

2. SR1. B. N. SATHTANAR;AYA.NA 
S/O LATE B.,.N.. NARAYANA,_RAO.fA*. A

AGED ABOUT  T 

3. B. N. PAViTH}éA_  _  .
D /O LA'1.'E*--.B. N.' NARAYANA RAG
MAJOR - ' A   

ALL ARE FRESTDINC AT NO. 138
 . '_IYAPP'.A BADAVANE. ..... ., ,
 1+1..A;ACEA}iMEOST
'--...HOEEALA~DASAEALLALL1
B.ANGALORE~~.5~5-O 024 ...APPELLANTS

 " (BY SR1': M..-__'M.-EIARENDRA AND SMT. 1:). M. MAMATHA,

   _  ADY'OCA'17Ef',S}

O"ﬂA&N§L'pE

%  ---?i . SRE. N. P. DENAKARAN
~ MAJOR

    NO255/E. WEST COLONY

1:



E\)

RAIL WHEEL FACTORY
YELAHANKA
BANGALORE--56O 084.

2. THE ORIENTAL INSURANCE

COMPANY LIMITED

3RD FLOOR, RMV EXTENSION   

MEKHRI CIRCLE I

BANGALORE--56O 080

REPRESENTED BY ITS _   =  ;
BRANCH MANAGER " . .RES_PONDEN"I'S~ 

(BY SR1. C. R. RAVISHANHAR, ADVC3_CZX'FE FC)aR'R2.}V§

THIS MISCELLANEOUS' FI.RST_.£LPP,EAL IS FILED
UNDER SECTION .'.173{1}"" M_v_ ACTAGAINST THE
JUDGMENT AND AWARD DATED "I3,-08.23010 PASSED IN
MVC NO.6409./,2O0B;'I'"_ON, THE I'rI_LE,OP"'X1II ADDITIONAL
SMALL CAUiSE,f*»_JU--DGE}-,_ "ANDIII-,_ MEMBER, MACT,
BANGALORE, PARTLY _ ALLOWING  CLAIM PETITION
FOR COMPENSATION,'ANDSEEKING ENHANCEMENT OF

COMPENSATION. * N. , = 

THIS  FOR ADMISSION THIS
DAY, THE --CuOUR'I_', DELIVERED THE FOLLOWING:

JUDGMENT

IIIS is by IIIB appellants seeking 4e:I.harI<:e::1é'n,tV Of Campensation awarded in MVC N:é;B%IOBI,z2O0B On the fﬂﬁi Of the X111 Aden. Small Cause and Member MACT, Bangalore.

2. The facts of the case are that father of the appellants died in a road accident that occurredlfforrvﬂ 10.07.2008. The Tribunal has awarded a ' Rs.4,02,440/ ~. Being aggrieved by K 2 filed for the enhancement of compensnatioal' 00

3. The only ground urged 'counsel in considering the inc0Ir1e._..V:Of' is Hbased on EX.Pl5 ---- the letter It is the specific the deceased was night and also was tailor by about Rs.8,000/-- per month. The l'i:$urance'4V'0orn;3any have not rebutted and gd-ispute_d5'.the0'said .lnco1f:1e, Despite the same, the Tribunal has taken only at Rs.4,000/-- per month.

4.""«The'dee'eased was survived for four days for which rvas spent on medical expenses. As againet the mean: spent on medical expenses, the Tribunal has 'T atsearded Rs.10,G00/A-, which is yet; another error. Further, J § 'z the learned counsel submits that the Tribunal ought to have taken the income of the deceased at Rs.8,OOO)'$:'f"p:e:A4 month as he was working as a watchman as well"'as..t\}valsl 1 V' Tailor by profession.

5. The learned counsel fogthelllm¥suran:t:ve"

submit that for the loss of depetldeheyf has considered the income of - since another major brothet of alsolllthere to look after the vv1'dow daughter. The claimants h.ave_lalso"ah$zVV_reliance for the income proof.

6. 5 Heardllthe'ie'ar1;i'edT counsel for the appellants as Welles the tesoondents.

"The oﬁlf area which required to be considered is .,eompe3"lsz:t:or1 under the head loss of dependency. The aaliiiéfmz the deceased and unmarried daughter in their H etétdetiee have stated that the deeeased was earning about Vl"»Rs;8$GOOf» from two occupations. Except making a I 5 statement, they have failed to prove by producing-'-.._any documents. The non procurement of documents, does not mean that the deceased Vlzasy Rs.4,000/-- per month. It is to be n.'oted"that thelV:deceased"'l was maintaining the family of four 'persons.;_; A'inc'lud,ing major son and the cost of liVing"foVt"3,ll the'faf11il-ywniiembers and residing in a rented honse consideration, the same will be at not per month. Accordingly, it if 1/ 3rd is deducted it Hence, the Rs.5,28,000/-- is the sum to loss of dependency as against axi§'atded by the Tribunal and the :'e.nhance'd amotnzt carries interest at the rate awarded. by the ' Aeco1'd'ii:;gly. the appeal allowed in part. safe tseeﬁ

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Karnataka High Court