Karnataka High Court
Asha S Kumar W/O Lt K S Kumar vs The New India Assurance Co Ltd on 19 December, 2008
Bench: Deepak Verma, K.Ramanna
BETWEEN:
1
IN THE HIGH COURT 012' KARNATAKA AT BANGALۤRE'-- _
DATED THIS THE 19% DAY 09 DECEMBIf;E3£,"24A:(§§;'}53 ~
PRESENT;
THE HON'BLE MR.Jus'r1C}:«:_1:>EEa}\K*vER§»1$"
THE HONBLE MR.Ju§:'..é(_:E.,;< R}§M.§'§l §'NAVvf%
Mpmjro.
Asha s .
é'§§;'~uxiu;z;j'--%
Ku12;gariAn3'ta S' _
D/0 late K S
: gaxyrg _ . _
V 1«:1:1na"r.=:_vanjzha s
D[6~%latc"K_S Kumar
A S
Sig Eats K S Kumar
2%.
Appellants
V' = . all are do No.51, Chinnappa bujkiing
4*" main road, Byrasandra I block
East Jayanagarr
BangaEore- I 1.
{By Sri V.B Shivaktlmar, Adv.)
I M] 3. The New India Assuranix Lid V
Branch Ofiice
No.40, No.18, K.R.Road,'
Fort, Opp: Vanivilas hospiétalé
Ba;ngak>m--560 002 ' _
Rep by its Branch,.Managc-r , "_
Major, fiathcx-'s name teat ..
R'/a - '
su1ibe1em;?:»1i1'~ g A '
Hosakote. ' 4 _ .
.. Rcspondcnts
(ByS1i % ,AA?dvior G Nazayana Rae, Adv
_ _ _i'<:~r R-----._1; R-2 served)
This MFA A-Mpg' amt ""'--«1;1i:;!cr Section 173(1) of MV Act
against the judgment agxdriwaxd dated 18-3-2002 passed in
we :£i<3«.39-<31/1996 on the file of XIV Addldudge, Mam',
. A_Cou_fl51:of _Sma}l partly allowing the claim
pt-.;t;iti'en 'far cupmpensafion and seeking enhancement of
2 cammnsafinn. A ' ' ..
" * bean' g bean} and rcscrvcd for ozdcrs,
on .fr';~r pmnouncement this day, RAMANNA J.,
-- V delivci*e;.l"'t1)cVfoIlowi11g:
JUDGMENT
'I;he appcflamzrclaimants being wife and children of T K S Kumar, have come up with this appeal, not being D' " A. satisfied with awarding compensation of R.-3.4,'72,824/-- by the MACP, Bangalore dated 13~3-2002 No.394I. I 1996, sacking enhancement of " "
2. The case of the appcflantfs' £13:
about 7.30 p.m. deceased K S mcxpcd on B G Road ncar that" V time, driver of the vNo.T§SI( 7549 cam: in a high speed manner, hit the TVS mQp§~:d_. Clfxi' S Kumar fell down, 'V injuries and succuixgbcd 1__ -Therefore, case came to be safi buy by the M100 layout Pong;-' "for th;:'ofi_V'e1i'dc pun.ishablc under Section 304A 190. TVii2yo!vc=d "" the accident belongs to second with first respondent. Thcmforc, came to be fiiod by appci}ants--clai1na;:1ts ofRs.1{) lakhs.
V' * After service of notice. Iv;-,spondcnt--1 had appeared counsel before the Tribunal and fikzti written statement, dsnymg avcrmcmts cf the claim yctifion. The M wM1 dcccascd being a rider of TVS moped as well lorry had no valid driving iiocncc as on that K Therefore, rcspondcntd is ngfit mspandcntfl. Howcvcr, it " , flavour of rcspondcnt-2 was fiasis of available pleadings, igsucs. To prove the S3135! three witnesses But xrspondcnt-« 1 did not .513 the light of evidence:
placed has come to the concltiaion -qfxai'-sirion oocuntd on account of rash and the lorry by its driver. The xiz1ciic:aitcw._,'1::IV1atA:both moped as wall as lorry wen:
A if "-od. ing from South to North. While taicm' g left left side, acciicnt in question occurred at NIMHANS road. in fact, deceased was takzizzg Hgciz: go towards NIMHANS hospitai. Ex.P-5 --~ sketch ' that lorry made an attempt to overtake the moped. that time, accident in question occurred. The oral evidence of P.W.4 coupled with the documcrzfifi Ex.F'--l to 5 discloses that d1'ivcrv<::f"fl3::¢ negligent. Therefore, Tribunal finding with rcganti to ;:1cgJ.Aiig'c1;zcc_Vag:a! "d1°i§rcr of" V the lorry. The said dof;s.£g'r:vt_
4. According S Kumar, was aged about of K V 'i§e'§§'i'0,0€)0/- per month.
Apart engineer to the 12:as1-mtg getting a salary of Rs.1,5G0/- per to 31-3-1995 as work cnmgstrqd to the tune of Rs.59,620/--. A ;;owgv¢m:%%mc ycéfiggs-96 during 0:434-1995 to 31433- ' work of the Eastern E;n§'nccrm' g the tune of Rs.2f/9,723/~. In this hchaif, he Hhas some documcnts. As proprietor of MI 3. K V Works repmscmed by deceased himsflf had necessary permission fimn the Dimctoratc of Industnlcs and Commcrtx on 265-1994. in fact, he has 4 ~\ E tr 24') .--»~°"
,/""' .
produced Exhibits?-8 to 11. Further Ex.P.l2 is the 1'!' returns which discloacs that his earning for the year 1994» 95 was Rs.48,3'?l 1-. Thcmforc, the Tribunal taken income of thc daccascd at Rs.49,000/- and after deducting 113m of thcmsaid personal expenses of the appellants was caiculatcd at.i§'s_;.4,5&?V"',,'3"."»'}4-I» and cannot and the same does
5. But the amou.;:;i~ fifiéfis 'bass of consoitiumf .f1_'ffiI1cra.1 V'e;:};cnscs' is too low. No amount has boefi 'head 'loss of love and aficction'. 'loss; uf csté1m', "fia1ié1p<;rtafion of the dead body' etc-.,. . " $1.1: appcliant No.1 lost the company of liar apjpcllants-2 to 4 being chfldnzn of décfiasgdg are entitled to compensation under the head floss éfiovc and aflézcticn'. Therefore, the compensation under the conventional heads at Rs.15S,0OO[- is on lower side, hcncc we award Rs.50,0(}O/-- under the said
- J 'I - § ;4___,, 1 I 'ml hcads. Thus, in an, appcilanm am entitled to a of Rs.5,07,324/-- which is rounded ofi" to Rs.5,07,40Q}4§'5 j ~
6. For the foregoing masons, appca] K The judgment and azwani passed is rnodificxi. The appellant is _ cntitficd Rs.5,07,4€)0/- together with afi p.a1_"u{IV1§ date VA of petition till it is costs throughout. Rcspondexgfl to thc appcflant amount already paid ..,,'.g§i'*:":_¢:)u:;V,?-;:11:¢_":ss"'ViV'v;:c is Rs.3,000/- is Sd/-Q Iudgb Sd/-3 Judge