Karnataka High Court
M/S National Insurance Co Ltd vs Bharti W/O Late Sanjeevkumar on 8 November, 2010
Bench: K.L.Manjunath, B.Manohar
IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT GULBARGA . DATED THIS THE 08" DAY OF NOVEMBER 2010 PRESENT ---- THE HON'BLE MR. JUSTICE K.L, MANJU KATH 7 AND on THE HON'BLE MR. JUSTICE 'B.M: ANOH nm | MIPA.No.30169/ 2009 LOM . cew | MEA.C ROB aX mt asiabon M/s Nation, hisuiran Ca Company Limited 'Terough-its Divisional Marx wer, Biage nai Complex. Stauon Road, Gulbarga. a Appellant By SriMariavend ra Keddy - Adv.) lo. Bhart ti W/o lale Sanjeev Wumar, Age: 30 years. "Oca Doctor = No. ind 2. Sanket S/o late Sanjeev Kumar Age : O7 months, Minor. 3. Srit-Shardabail W/o Shivanna Age 53 years, Household, 4, Shivanna S/o Nagarina. Aged: 63 years, Respondent No.2 is minor
U/g of Respondent No.t, Ali R/o Chilaguppa, now al a No. 154, GDA Layou' is Gulbarga.
5. Saltvanaray sna Y. S/o Kotesnwar Rito.
Oce:Business. | J.D. Nagar. Pe aainata.. Vijay yawacle, DsricnatAP ie Responders (by Suit. SRival eclaS Say snishet ty. Adv. For R-3 and Kea. R-l and 3 - Nolice di ist ESC ds witht, R-2 -- minor) o EES ve oA, is fled wys 17301) of MV Act against the judis nent and award. dated 25.08. 2008 passed in MVC 9235/2006 on the file of the IL Addl. Civil Judge. (Sr.Dn.) » Gulbarga. MACT, pat 'ly allowing the claim petition for compenss ait sp of RS.22.80, B00/- with interest at 8% PA. Parties oe. LFA CRORE. NO. 1038/2009 HEL idabal W/o Shivanna CALS, ia OULSe hold.
rome ae 7 "ean Stal Shivanna S/o Naganna, Aged: 64 vears. Occ: Nil. Both R/o Plot No. 154.
GDA Layout, Guibarea Now R/o Near Gandhi Chowk Critsuppa Te: Humnabad, Dist: Bidar. 2, ® SS Sajonshetty 4 Jy sriffrupa S. Si gar £ atl NG sare ni 7 The! through its Branch Manager Bilagundi Complex. , Station Roed,.
Guibarga 28! 5102, Satvana MAE 3/0 | Ko te shiva ar RA oy i D. Ne iWer, PatanmaLa, ; jayawada, Distiky ish 7 ANDRA P RADESH..
_ Age: 30 years, » late Sanjeev Kumar Aue OG years, Minor, U/G of mother Respondent No.3.
Cre gs ob jectors lational Insurance Go, bids. | both R/o Plot No. lo+4, GDA Layout. Gulbarga. Now R/O C/o Sanganabasawa S/o Veerma Kalagi, R/o Chitaguppa Tq. Hummnabad, Dist: Bidar. OS
-_ Respondent.
This MEA Crob. In MFA No.3016G/09 is. fled jy aks rule 22 of the CPC against ihe jae 4t-25.08.08 in MVC No.523/06.0n. the fe of the IT Addl. Civil Judge (Sr.Dn.j and. MACT in Guibarga, partly allowing the clairn petition "and seeking enhancement of compensa tio.
This MPA a nd N day, M ANU j 'a Croo. are ecomirig-on for orders this a SPE Jind elivered the Jollowinge:-
~-YUDOGMENT MPA No.20169/2069 is preferred by the Insurance ~~ Company challenging the quantum of compensation . wevarded. by the. Addi. Civil Judge, (Sr.Dn.} at Guibarga, dated 25-08,.2008 in MVC No. B23 /Z006. MPA Cross objection No. 1085/2009 is fled by tne claimant seeking "enhancement of compensation on the ground that. the eal compensation awarded by the tribunal is inadequate. in the circumstances, we have taken up these niatters together by consent of parties.
2. he facts leading to chis case. are as here urider:
The claimants are the widow, miror-children and aged parents of (he deceased sSanjeevkumar, Who was an orthopaedic surgeon. On 12.3206, he was proceeding in a car bearing No.CKH 6177 to drop-his relatives al abcd 2.20 pa. between -"Kuriketa and. Mahagaon cross, near Soukar Biidgesa lorry bearing No.Ar-7-W- 3525 was coming from the opposite direction in a rash and negigent manner and dashed. against 'he Car which was being driven by . Dr Sanjeévkumar.as.a result of which Sanicevkumar sustained, rnuldple injuries. Te was shilted to Basaveshiwar fospltal. Om don the advice of ihe Doctor he was pore.
shiffed for further treatment to Hyderabad and on the way _ to Hyderabad the deceased breath is loss. The deceased as gt, oY & ag oorlhopeadic surgeon was working in Government General Hospital, Gulbarga on contract basis. He was also working as consulting orthopaedic surgeon at Siddagonye Hospital, Gulbarga. atier t imants claim that the deceased was getting incorne of 36.000/-~ per month. The deceased was aged abou 80 years' on, ie date of accident. He was an up-coming and prorsing doctor in the field of Orthoapeadic. .
3. The respondent, insurance company denied the income of the Gecvased: however the liahilify has been acdmitted:
4, -- In order fo preave the respective contention, the claimants produced Salary certificate issued by the District Government Hospital, Gulbarga to show that deceased was "getting salary cf €13,000/- on contract basis and they alse produced {he certil
-Guibaria to show that he was getting salary of €12.000/- to ~25,00C/- per month, The tribun:
salary certificates. came to the conclusion that... the deceased was getling income of €13.000/- per monthi-as a salary from the Government General Hospital: -Gulbare anid in addition io that a sum of €4,500/~ per mienth as° income from Siddaganga Hospital, Guibarga anc came -to the conclusion that his incame-was 1¥.350/- and: out of which L/G° of Ris income was déducted towards personal expenditure and assessed the: loss. -of dependency at &1.38.800/- per ennum and by applying medltiplier 16. the loss of depentieney tias. been assessed at %22.20.800/-, thus in all awlobal cormmpersation of €22.80.800/- has been awarded by the Tribtnal, Being agerieved by the said order appeal and cross abjeccion are filed by the insurance coniparny and clalinants respectively. eG, We. have neard the learned counsel for boil 6 » The qualification of the deceased is not in "dispuve. Te was working as an orthopeadic surgeon on ay wey contract basis and even if the income from the Siddaganga Hospital, Gulbarga has been denied and considering. tae.
future promotion, Ute income of the deceased could iol © have been taken at 722.000/- per month. Considering his age. the multiplier to be applied im the present case is rase reported in (2069) 6 SCC 121 in the case ol "SARLA VERMA VS. DELHI TRANSPORT "CORPORATION" pot 16 as faker by the Court below. iit 'isso. we are ob the opinion Ural the claimants. are entitled ta laim loss of dependency as hereunder:
P22:000/- x EQN Lhe V/BM would be %29,92,000/- in addition io thal claimanis are entitled to COM Pe rnSalign under the head ol loss. of estate, loss of love and affection, . loseuf consortiuir.tune¢ral expenses ina sum of $40.000/-. a This clalrnants are entitied tor a sum of $830,329 000/- with Geer ChYAYi Ui.
7. Tn the result, appeal Qiech by the insurance Company is dismissed. Cross objections are allowed in part. The compensation awarded by the tribunal, is enhaneed from %22.80,800/- fo #30.32,000/- with interest 6% per annum. Out of the enhanced compensation, we".
direct the tribunal to invest the amount in fixed deposit in. the namie of the claimants in proportionate to the amon already deposited, Sb /Srt--