Smt R Umadevi vs The Branch Manager United Insurance Co ... on 12 July, 2010

[Cites 1, Cited by 1]

Karnataka High Court

Smt R Umadevi vs The Branch Manager United Insurance Co ... on 12 July, 2010

Bench: B.Sreenivase Gowda

I
IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 12th DAY OF JULY. 203.0
BEFORE 

HON' BLE MR. JUSTICE B.SREENIVAS;l§---'(fg{;;tWi);:§

Miscelianeous First Appeal No. .. 

BETWEEN

1.

V  iE3~a11ga101'e 43560 061.

Smt. R. Umadevi, ' _
W/0. Late. Eshwar Prasad M
Aged above 28 years,   'A ~
Residing at : M;«1.dabaV}e-V

MagadiTa1uk,'   7 ..   A. 
Bangalore District." "

.r' V
.s.:',,

Umes1_1.@' K_ira§11,  _   .
S / 0. L3ate}iei'{/I_: ESh'Wa1jVP.ras'ad;"
12  ~     '
Rep1*Ves'e.n:'§ed

  rn?QAt--he'§% V
   

Newresid1ﬁgVéit,: "N0,.5, 15' Cross,
Mulleeshw-aranagazf. Near Petrol Bunk,

_ _v Subi ~a--11ff1e1n1ya1p*:,1J*3fMain Road;
BSK 11 sxage.

 Appellants

 P. Jayasimha. Adv.)

The Branch Manager United
Insurance Co., Ltd.,
Sampige Road, 1 W' Cross.
No.89, Malleshwaram.
Bangalore.

e/'



L.)

2. A. S. Jayakumar,

S / 0. Sreel<:a.ntayya,

Major,

Residing at: Manehanabele,
Dasanapura Hobli,
Bangalore North Taluk.

3. K. S. Beeralingegowda,

S/o. Sonnegowda,
Aged about 34 years,  * ._  -1'    A
Driver of the Lony No. KA.'Ol»TY--E~'2 17,   '   "
Residing at Kodihalli, _Belurlv:lob_li, , l. A V' '
Kodihalli Village, Hass'an_,.Distiv-ict. . _ 1 V  

  "   Respondents

{By sn. Y. K. Shes~hagi_1*i Rao,Ad'v, for R. 1,
Sri. H. C. H21nuni~aiah.'-Adv}. for':if»?,.2»»,.V
R.3~notice dispensed._withix!/-'o,.Vda._tVed o5.o7.2o1o)
This l\§lFA;,v,isV filedlﬂ/S_ll~73{l'}'"of MV Act, against
the Judgernent:;".afi=;_d Va-ward 02.01.2006 passed in
MVC No.2Q2;?_2;QOOon. thefiie of the IAddl. Civil Judge
{sR.D,r¢.i)~ --._a"2j;id '°71:I9l,ACT;- Bangalore Rural District,
Bangalore,  al.lo'w_ing the claim petition for
Compensatiori.  enhancement for
compensation.  it ' 

...{lTms coming on for Orders, this day, the

 V'  -. Co is ft, 3»-.dAeli"u.ered thleﬂfollowing:

JUDGMENT

it Tliis appeal is by the Claimant for enhancement. of A V.:l_rtonip,ense1t.ioz1 awarded by the Tribunal. ﬁr' 3

2. Though the. matt.er is listed in the orders list, with the consent, of learned Counsel appearing for the parties it is taken up for final disposal.

3. For the sake of convenience parties; érre 14ei'erreld"t.oV as they referred to in Tribunal. 1 l l i il l

4. Brief facts of the easellézre:

That on 18; Eshwar Prasad M .S. was CI'() 5V5_Slf:.r_1A§_{" South to North near Kachohailliit Aa loriy he2ii'ing"registration No.KA- Ol--Yw,52*l in negligent manner and dashed étg§,ai11St:l1.o the impact he suffered fatal in'uries :i:1d"sLiieei:n"il3"ecl to 1'n'uries on the wa to Ir"leneelhis'Wife and two minor children filed a the l\/i.A.C.T.. Bangalore claiming ¢o;lipens'a1§:.oh of Rs.l2.lO.OO0/W and the Tribunal has awa1'£:l.e__rl a compensation of Rs.4. l4,000/- with interest, at._6f% 13.21. from the date of claim petition till the date of reaiisation.

% 4

5. As there is no dispute regarding the death of deceased Eshwar Prasad MS. in a motor road accident and liability ()ftI1C Insurance Company the 'osnly:fp_()i11t remains for consideraiiion is: 9 9 V A VVhether the compensation _thel Tribunal is just and reasoiiable or does "it_<:al'} 'fori enhancement'? '- " V'

6. After hearing the lelarnged for' the parties and perusing tl1.el::jndgn}enilandaygriard of the Tribunal I am of compensation awarded by reasonable, it is on to be enhanced.

7. M.S. was aged aboulf-_31yl_ date of accident as evident from the9'(?.L1m11lVatiy-ell re'eo1"d Ex. P 9. His wife and two rnl.j1\l1'o1?_---g£3hvild1'en'arethe claimants. The Claimants in 'lSVl;l1'i)p(:l)Vi'1a.'Cf-A~,_%[l;(i'l1" contention that the deceased was p.rn. by doing vegetable business and also doing plumbing work, except examining the 15' cé1e1.iri1a11f. PW 1 have not established the same jiroducing any document. Considering his age as 3} years and year of accident. as 1999 it is just and proper ﬁr 5 to assess his income at Rs.3.500/-- p.m. If 1/3*" is deducted towards personal expenses of the deceased and the multiplier of 16 is applied as per the the deceased loss of dependency worlés 'ﬂtdo. Rs.4.48.000/- {Rs.3,500/-- x 2/3 x awarded against. Rs.3,84§'-000:'/'--A.'i' awar*:l_:ed:u Tribunal.

Rs. 10, OO0/- loss'coEr1sortium. Rs.10.000/-- awardyeldufb estate by the Tribunal are_jusjt do not call for by the Tribunal towards and Rs.5.000/-

awarded" of dead body and funeral expenses are~° on the lower and therefore to be"errha.nCed by Rs.5,000/-- each and I

-- towards loss of love and affection andh Rs... towards transportation of dead body and funeral expenses.

.. _..f5. Thus. the Claimants are entitled for the following compensation:

' % 0

1) Loss of dependency Rsﬁi-,48,OO0/M 2} Loss of consortium Rs.10,00'Q/» 3} Loss of love 8: affection Rs.

4} Loss of estate ' 5} transportation of dead .body"mv" ., é . funeral expenses ; _1O..OOG./~ Total _ 4i.eziisioo0/pji;-

16. Accordingly the e1ppAeaiV:.."islllalloweiddn apart. The judgment and awa1'd'4'of_i to the extend stated.:he.rein.:abei{e. ..fl'l§..e.elainllants are entitled for a total" Rvs.4-,'48,000/-- as against Rs.4. th'e"'l;ribunal with interest at 6% pea,' on the' ,r3ornpensation of Rs.34,000/-- frornthe vd"a.te"of_(;j-laim 'petition till the date of realisation »interest"'for the delayed period of 740 days in ﬁhlﬁg e.t1"1€that;5l'p¢é1i1- 3.17. Tiiie Insurance Company is directed to deposit the Vhenhauixeed compensation with interest within two _HI_}1'§()I1thS from the date of receipt of a copy of this order. %' Out. of the enhanced (:0mp(-:nsati0x'1 50% with p1'()p0rtionaiie im;e1'(-zst: is ordered to be invested __in PD. in the name of ciaimants 1 and 2 equal1y_ i~n"'--any natiormiised or scheduled bank for a peridd 'yé'a--rsv. and xfemaining compensation wi.th._1nt,€'fesf'iTs{yn19t1e:_rged'..t0 ' be released in favour of the 1*" "C1e1i-.rA_na(11t. '-N'(;.Q1idef*;1S"!Q Costs.

-- .

Unlock Advanced Research with PRISMAI

Karnataka High Court