Karnataka High Court
The Divisional Manager United India ... vs Yallappa Bhimappa Alagudi And Anr. on 7 December, 2005
Equivalent citations: II(2006)ACC15, ILR2006KAR518
Author: K. Sreedhar Rao
Bench: K. Sreedhar Rao
JUDGMENT K. Sreedhar Rao, J.
1. The appellant-II respondent granted permission under Section 170 of the M.V. Act by the Tribunal.
2. The petitioner in MVC 895/00 sustained fracture of superior rymas of pubis on right side and lacerated wound 6" X 2" on the left ankle joint in the motor vehicle accident. The petitioner is operated. The total limb disability is assessed by the Doctor at 50%. The total body disability to be assessed at 16%. The petitioner is a minor and the notional income is to be assumed at Rs. 15000/- p.a.
3. Rs. 35000/- to be awarded for pain and agony: medical bills are produced for Rs. 26255/- In all, the petitioner is awarded Rs. 40000/- for medical expenses and incidental expenses relating to treatment; Rs. 20000/- to be awarded for loss of amenities and discomfort on account of disability and Rs. 43200/- (2400X18 multiplier) to be awarded towards loss of future income on account of disability.
4. The aggregate of compensation is little more than what is awarded by the Tribunal. Hence, no reduction is called for. However, the interest is reduced to 6% p.a. as against 7.5% p.a. awarded by the Tribunal.
5. The contention that the petitioner is the son of the insured is not a ground to infer that there cannot be a relationship of master and servant. It is not uncommon that the family members are employed in the course of business. The fact that the family members are not regularly employed and that no wages are paid is not valid reasons to defeat the case of relationship of master and servant. The concept of relationship of master and servant should not be understood in its literal sense any body doing gratuitously for the owner is deemed to be an authorised agent and the concept of master and servant relationship gets invoked. The amount in deposit to be transferred to the Tribunal for payment.