Karnataka High Court
The Oriental Insurance Co Ltd vs Kallappa S/O Andanappa Adamukati on 3 August, 2011
Author: B.Sreenivase Gowda
Bench: B.Sreenivase Gowda
DATED THES THE SEP DAY OF AUGUST 201) MPA NO. 20244 /2009 (MV}- BETWEEN THE ORIENTAL INSURANCE COMPANY LIMITED, wh DIVISION OFFICE, VIKAS''COMPLEX... STATION ROAD, HUBLI, a BY ITS DIVISIONAL MANAGER, N.K.COM PLEX . KESHWAPUR, "HUBLE WIND JUDGE (SR.DN) & COM & MACT, DHARWAD, AWARDING JUDGMENT
This appeal is by the insurer of offending vehicle challenging the quanrutn, of compe sation awarded by the Tribunal.
2. Heard... The appeal fs.admitted and with the consent of jlearned yueasel for-the-parties it is taken up for final disposal.
os. For .the sake of convenience, parties are i. ai
- referred to as they are referred to in the claim petition before.the Trin +. "AS [here is mo dispute regarding death of the BASAYVA IT A rc accident occurred on oe ae AD gee el gee pny if eas GPiviTlg GH by its driver and the babihty of the insurer of the said vehicle. the ory point that remains for my consideration miethe APE. 1S:
or does it call for reduction?
5. Learned counsel appearing fer the insurance company stipmits that, claimant being the major son of the deceased is net entitled +> for compensation under the head of loss of dependency "and the Tribunal committed an eprorcin cleductine. Peo OF Aer ioorie towards sper: and taking 2/38 of her meome as her contrrbution. to familly and has awarded compensation-of Rs? 88 000/- under the head of loss of i . . : .
dependeney,~ learned counsel
-cusmissal of the appeal, claimant is the major son of deceased and he was aged about 22 years at the time of death. of his mother anc ne was « orkine iy KMP factory: as evident from complaint lodged by him to the pPOiee regarding accident and therefore, the deceased could be taken as lass. ¢ contention of the claimant that Ris mother by. workin 8 as vegetable vendor was earnin® Rs.4,000/- P.M. is not é supported by any documentary evidence: lithe absence of proof of income cthe income assessed by the Tribnal at RS.O.Q00/- PF Mois just and preper. The deceased was aged abeut 40 -vears-and the multiplier applicable to her agC SPOUpP IS "io. a-osS of estate works out fo Rs.t,17.000/-. (ks. 3.000/- x 1/4 x 12 x 13) and it is ; _ cy eed in ed _ - om myers a R oF OE Ee WweIrcre dc) ca "ocr st 4S.2,8 Rs.'0,000/-18 awarded towards transportatior tend v ey _--
om expenses as against Rs. 1O.000/- awarded by the Tribunal under different conventional heads.
oF Thuis, the claimant following compensation:
i) Loss of dependency RET LF 009 7. >
i) Other conventional heads ~~. Rs. 20.00G/-
Total. Rs. 1,37,080/-
iQ. Accordingly the appeal is-allowed in part and r the judgement anc-award of the Tribunal is modified to the extent sta mere. above. The claimant is entitled for a ictal conrpensation of Rs.1.37.000/- as aeainst Rs.2.98,000/- awarded by. thé Tribunal. Ly a it le iiSerance Company is directed to deposit i .. Es ion awarded by this Court after deducting
12. Out of the compensation of Rs.1.37,000/ Rs. },00,000/- with proportionate interest is ordered to be invested im FLD. in any mationalized or scHecdu. Bank or Post office in the name of the claimant for a | period of 9 vears with a right of option co renew. from time to time and to withdraw interest periodically and the remaining amount with interest is ordered to be released in his favour.
13. Amount in. deposit. before this Court is ordered to be transferred. to the claims Tribunal for disbursements. --
Novworder as iG costs, > Sd/-
JUDGE.