Karnataka High Court
New India Assurance Co Ltd vs Govinda Swamy S/O Balasundaram on 26 May, 2011
Bench: K.L.Manjunath, H.S.Kempanna
4 are in appeal being net satisfied'r:.wi:'hA.thejndgr11eifi':--.aiid award passed by the Ad»dl,__ Judge,' Mea;~n'tbVer,_V Court of Small Causes? Bai'i;éaEQre,--' i}1.2.2005 passed in MVC theee matters are heard together. __
3. The fo113wing.~'i'ac--te a1~e_vgot"_in'dispute; that the claimants are parents of Qr1fe(3nb'endran @ Upendra who died irr..va'::~rtiad't1."aft'icVd.'aecider§tdcceurred on 1.8.2003 at about '*p;'m';'--.en Ban;gaI0re~Ko1ar road near Dodderapaliyv of the rash and negligent driving ofthte NO.KA~3 C 0990 by its driver andfigtdhereby against the motor cycle of the huearing No.KA (HR7016. The deceased was . abeut years. He was w<:)rk1'ng in a Software Cofnpany -getting salary of 315,000/-- pin. The tribunal eevnsideiing the taxable income as per the IT returns, Vdd'-.as-eeesed the income of the deceased at ?9,410/', ___d§edueted ene-third towards his personal expenses and by appiying the rnultipiier of 13, awarded a sum. of ?8,Q2,854L/» ae less of dependency. In addition to that e '} ,/ {,§s~;,/ 330,000/-- is awarded under the e0nventie§h'a1"'{h;eaeis_{"_v Thus, in all awarded ?8§32,854/~ as ._
4. This judgment is called A' Insurance Company on thegreundthatthVe"q1;ra.ntu.'m Cf compensation is on the higheir'the:dediaetion of 0ne--th§rd towards a bachelor is contrary :10 the'j'u dgme'I"1t:hof: and requests the Court the Per have filed separate appeal errduthev even though the income of thegddeeeased' ~ elainled at €15,000/~ p.m., the V:T'rihunvat_isdnvot justified in holding the income of the » per annum and therefere, the c1ai'mar;ts.,d'haVe requested the court to enhance the V"e0mpens:ation awarded by the Tribunal.
6. Having heard the learned counsel for the parties, the only point to considered in these two appeals is» 25% 6 'Whether the Tribunal has awa.:e't:ieeIi:j~'..j§ist"~ 2 proper compensation or: aece:un:~',¢sf "lathe V"-death '*:;:gl"
Gubenclran @ Upendra?'
7. While lo0king%._.'l:'1tQ Hprexdueed by the Claimants iris deceased was Working ' ll EXeeutiVe/ Computer Operate:fVi1r;..V]V3§l:§i:1:l Vsalaly payable is also not 111:'-.__(:lis_p1lte'--.".H_eV':Vae.t_&gettin'g gross salary of $15,000/-- per month «that ?200/- payable towards professional ¥"t0\>Vards income tax and €800/~ _ A pay:{blet"towafds .e_Q;n..?eyance has to be deducted. If the deducted the income of the deceased per taken at €13,500/--. Since he was unfij':arl5ied',": 505/:':« of his income has to be deducted :"towards--"his personal expenses. Thus, the loss of A' is to be assessed at €6,750/W per month and the has to be multiplied by 12 and further, the multiplier ef lri has to be applied considering the age of the mother of the Cleeeaseri If that is so, the less ef aepenéeney has to be assessed at %'ll§34~,0QQ/-. In e» addition to that the claimants isWer1tit1eLi"'tti:*?ft%Q:;Of}(},f ; " = 2 under the eoriveritiorial heads as.e'2;:w'ar'ded4'**ojg_ the Tribunal. Thus, in all the.e'elairnah_ts* are total Compensation of 31 ~ with"iri.ter'e_stllat 6% pa. from the date of the&_petitior1e-Itilljrealisatiorif it » as against 38,32,854/-- awarded by
8. In the 'i'es;3;1lt, wea pass"the:."fo.l1o§éving i * lemme;
MFA: thelelaimarits is allowed fia'rt./ filed by the Insurance H T he" j..t1ldgI1'l'e_ht'.l.a':id_."'award passed by the Tribunal __; 'inr.MVC 95/23003 is modified. The elaimants are awarded Compensation of the 'lljifil§'iiriali The enhanced Comes to 33,31,146/H carries interest at 6% pa from the date of the petition till realisation.
Out of the enhanced Compensation, a sum of 32,50,000/« with proportionate interest shall be invested in the name of the second appellant in MFA £303/Odmother of the deceased in any nationalised/scheduled bank for a period of five ,s-re» TS years and she is entitled to withdraw the interest accrued on the said deposit periadiealiy. of the amount to be released in fa_\_f;<'ii'i'1:"-«'.f_®f":
Claimants. The amount: if any deposj_'tVe<§._is:.A§§rdere(i to be sent to the Tribunal.