Karnataka High Court
Shankaramma vs V Manjunatha on 3 April, 2008
M.F.A. NO.5654/2003
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 03° DAY OF APRIL 2008
THE HON'BLE MR. JUSTICE isdn vss a
THE HON'BLE MR. JUSTICE A.S.PACHHAPURE
BETWEEN we
1 SMT. SHANXARAMMA
W/O LATE LAKSHMEGOWDA, - a
AGED ADOUT 42 YEARS, me
2 NETHRAVATHD
D/O LATE LAE'SHKBGOWDE.,
AGED ABOUT 24 YEARS,
3 MAMATHA
D/O LATE LAKSEMBGOWDA,
AGED ABOUT 22 YEARS,
4. RUAARASWADY
_ S/O LATE LAKSHMEGOWDA,
%, ACED ABOUT 20 YEARS,
5 '@AROUA."
"D/O LATE LAKSH
AGED ABOUT 18 YEARS,
_@ DYAVAMMA
C/O LATE
- AGED ABOUT 68 YEARS,
ALL ARE R/O ADDIHALLI VILLAGE,
SHANTHIGRAMA HOBLI,
HASSAN TALUK. .- APPELLANTS
(By Sri. K NAGARAJA, ADV.)
V MANJUNATHA
S/O VENKATARAMANA, MAJOR,
LORRY OWNER OF CTX 5889,
RAJGHATTA VILLAGE,
HASSAN CITY.
BETTAPPA GOWDA
MAJOR, BHANU TALKIES OWKER,
BM ROAD, HASSAN.
ORIENTAL INSURANCE CO LID BN,
HASSAN, BY ITS BRANCH MANAGER.
THE NEW INDIA. ASSURANCE, co LTD
HASSAN, BY ITS BRANCH LACE,
KA- 13-811, TATA MOBILE.
KRISHNEGOWDA.
S/O DEVEGOWD,
LORRY DRIVER,
MARIG!DI KOPPAL, --
THATTEKERR HCBLI,
HASSAN TALUR. ~. RESPONDENTS
(By Sri. 8 v HEODE_ _ MULKHAND, ADV. FOR. R3,
'SMT.A.R.SHARADAMBE, ADV. POR R5)
oe, THIS MFA IS FILED U/8 173(1) OF wv ACT AGAINST THE
; JUDGMERT AND AWARD DATED: 20.3.03 PASSED IN MVC KO.
~ 8340/95 (OLD NO.494/95) ON THE FILE OF THE ADDL. CIVIL JUDGE
({SR8.DN; ARD ADDL. MACT, HASSAN, PARTLY ALLOWING THE CLAIM
PETITION FOR COMPENSATION AGAINST RESPONDENTS 1,3 AND S
AND CISMISSING THE PETITION AGAINST RESPONDENTS 2 AND 4
AND SEBKING ENHANCEMENT OF COMPENSATION.
mee THIS. MPA. COMING ON FOR HEARING, THIS DAY,
we PACHHAPURE.J., DELIVERED THE FOLLOWING:
JUDGMENT
The claimants/appellants have sought for the enhancement of the compensation for the death of Za eS _ M.F.A, NO.5654/2003 Lakshmegowda the husband of the fret appellact im 'en sccident which ocurred on 23.3.1996 at about 8.90 pis. om the way to Hassan. a
2. As the owner or the insurer have not joederned axy appeal, the finding of rash and negigent driving hes attained the finality and in that view of the matter, the only question that erica for our conskieration is ae rogas the enhancement of the quantum of compensation.
3. It ie the contention of the learned counsel forthe appellants that the deceased was an agriculturist and a coconut vender ati that the ssessix ent of the income by the Tribune! at Rs.60/- per day is on the lower side. He submits <tc demi he it, his children, widow and the of the matter, it is his contention that the income has to be ey eo The learned counsel for the insurer | _ "ane the mags coma at Ra per day were proper at in an egrculturist and was looking after the fausily sembers (claimants 1 to 7 who are the witew, Swe chikinen and the parents). The father of the decensed as died during the pendency of the proceedings. 'Though there ia vo matczial a regards the income of the deceased except the evidessoe of the claimants, taking into convkdereticn the iange femily which he was maintaining st the time of the encideat, we ave of the opinion that it would be just and pcoper to conaider the income at Rs.75 per day sxid in that "sew, the loss per month comes tp Rs.2,250/-. tis the: grnecal mute shat 1/3 of the income has to be deducted towards th personal expenses of the deceased. But teking into consideration the fact that the deceased Jef "behind him his children who were minor at the time of the "scciten, wr ae ofthe pinion that it would be jas and prope to consider the deduction only at Ys 'Thereby, the loss of "dependency would be Rs.2,250 - %s (Rs.562.50) x 12 x 15 =
-. Re.3,02,750-00. The claimants are entitled to Rs.3,03,750-00 i _ towards the loss of dependency. It is relevant to note that the loss of estate, Rs.2,000-00 towards funeral expenses and _ 0
5. ths bem in tat Se re claimants are entitled to the enhanced amcunt (Ra.3,28,759 - Rs.2,25,500 = Ra.1 23,250) wit interest at 696 from the dat of 7 petition till its payment. | _
6. Hence, the appesl io allowed in past The claimants are entitled to Re, i,23,250-00 with intrest et 6% from the date of petition til peyment. Out of the eahanced amount of Rs.10,000/- each shali be deposited in Fixed Deposit in the name of the appeltants 1 to 5 for a period of five years in any notionaliscd beak and the remaining amount shall be paid ond shored equally among all the appellants The insures in directed to deposit the enhanced ammount within cght weeks fom day