Karnataka High Court
Sujatha W/O.Late Iyyannachari vs The Manager on 13 June, 2011
Author: Subhash B.Adi
Bench: Subhash B.Adi
". VILLAGE, RAM
"HASSAN DISTRICT
3H COURT OF KARNATAKAHIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COUR! OF KAKNAIAKA MIGI CUURTE Ur RARMNAIANA Thor wae
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
BEFORE
THE HON'BLE MR.JUSTICE SUBHASH B A apr 3 --
BETWEEN:
SMT.SUJATHA
wy O LATE IYYANNACHARI -
AGE: 35 YEARS |
2. SMT ABHILASHA
D/O LATE YYANNACHAR!
AGE: 15 YFARS ©
] MT-AKSHATHA. re
O LATE IYYANNACHAL RE.
noe: IS YEARS
APPELLANT NO. 7 1s 3 THE MOTHER AND
REPRESENTS HER MINOR DAUGHTERS
. AS NATURAL: GUARDI AC
"ALL ARE RIC SHANTHIGR VILLAGE
TEJUR ROAD, 5™ CROSS, F
NOW R/A SHIRAD HS I
ARKALGUD TALUK
". {BY SRLGIRISH B.BALAD
"is allowed.
HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH €
AND:
il. THE NAGE
ORIENTAL INSURANCE CO. LTD
187 FLOOR, S.8.COMPLEX
SUBHASH CIRCLE, HASSAN
2. SMT. JAVYAMMA
W/O MANJEGOWDA @ NANJEGOWDA,"
MAJOR, CHIKAALDAHALLI VILLAGE.
DODDAGENIGERE POST _
BHANTHIGRAMA HOBLI ee
HASSAN TALUE AND DISTRI ict oo - RESPONDENTS
(SRLB.S.UMESH, ADV. FOR? RY - oe This MFA. is. filed | under eect tien 173{1) of Motor Vehicles Act against the 7 midgment atid award dated 14.7.2010 passed. in MVG.No .121/2009 on the file of the Cmvil Judge (Gr. On.) &. JMFC, J Arkalgud partly the' lar 'petition for compensation and % seeking enhanc sent of onmpensation This appeal comir ing» 'an for orders this day, the Court delivered the following:
-. There-ia.a@ delay of 39 deya in filing the appeal. . 'Cause shown is accepted. Delay of 39 days in filing the appeal is comioned. Accordingly, Mise.Cvl.22234/2010 towards his" pertonial ex! yeni es Sand determined the 'personal expenses, the loss of dependency would come Se GH COURT OF KARNATAKAHIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COUKI UF KAKNAIAKA Mitr Lut ' "ee wa pe, cepa tn arn en 2 2 a rena <t = £
92. The claimants are wife and minor children of the deceaged who died m a read accident that occu warred :
on 24.5.2009. The claimants allege that the decean ed = was earning %.10,000/- by agncultural "wo: ke | end carpentry work and he was also having. a license to. rain Basaveswara Wood Works at Hasan city. Ex.P? ie-the license produced and ne" other. _ correeponding doc nis are produced. "The 'Trib cit bumal } has assessed the income of the deceased : at ee 3,000 deducted 1 /3r4 COMmper nsation': towards . logs, of dependency at £.3,36,000/ ".
3. The. accident is of the year 2009 and the claimaitts:. hha ve stated that the deceased wae a ; miter a8 5 well as agriculturist. Having regard to the oo same, the income of the deceased could not have been jest than %.4,500/- pm. If the said income of £.4,500/-
om. is taken and 1/3 is deducted towards his THT CVU RT UP RARNALABRA FIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH ( to F.39000 x 12 x 15 = %5,40,000/- as against 2.3,36,000/- awarz by the Tribunal ie. additional € compensation of %.2,04,000/- is granted under. this. ~ 4 . gh -- -- es ee ee ee ee ys i .
head. Hence, the claimants are entitled to %.2.04,000/- over and above the compensation awarded by. the Tribunal, with interest.
a Accordingly, the appeal is aillowed-in part. Sd/-
JUDGE