Karnataka High Court
Andhra Pradesh State Road Transport ... vs Sri B Jaichand Ranka on 23 June, 2011
Author: Subhash B.Adi
Bench: Subhash B.Adi
ke eT (By SRI D VUAYA KUMAR MARIATARGATINGET Wd JE WI RMARNALARA FING GUUKE UF KARNALAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH Col IN THE HIGH COURT OF KA RNATAKA AT BAN GALORE TE 23®5 DAY OF JUNE, an 1 BEFORE BETWEEN: CENTRAL LOFFICR, NS MUSHIRABAD, HYDERA .BAD, ANDHARA PRADESH, | ~ REPRESENTED BY TS MANAGING DIRECTOR. 7 fe oe SRI B JAICHAND RANKA . 8/0 LATE M. BHAVAR LAL, AGED ABOUT 50 YEARS, R/AT NO. 17/ 1, BANGALORE - 63. _ AWA WITH INTEREST @ 6%P NEMENE NERESRENER TEENGEE MERE IP RARNAIARA FHGM COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH ( 2 SRI DINESH S/O B. JAICHAND RANKA, AGED ABOUT 21 YEARS, R/AT NO. 17/1, BANGALORE - 03. _ 3 DIMPLE D/O B.JAICHAND RANK AGED ABOUT 18 YEARS, ° R/AT NO.17/1, SRD > CROSS, MALI 4 ANUSHRI D/O BUAICHANE RANKA. AGED ABOUT. 16 YEARS, . " R/AT NO.L7 oo 3RD CROSS. MALLE SHWARAM, BAL IGALCRE » "03. oo THE RE SPORDE NT HO. 4 BEING MINOR REPRESENTED BY HER FATHER ees RANKA, . RESPONDENTS
(By 'SR RI. SHIRPAD V SHASTRI FOR R1-4} 'MFA FILED U/S 173(1) OF MV ACT, AGAINST HE JUDGEMENT AND AWARD DATED 31.01.2008 oa PAS SSED IN MVC NO.506/2007 ADDITIONAL SCJ & MACT, BANGALORE, SCCH-17, ON THE FILE OF XIX RDING A COM PENSATION OF RS.5,70,000/- A. FROM THE DATE OF PETITION TILL DEPOSIT.
1 BJAICHAND RANKA S/O LATE M. BHAVAR LAL AGED 49 YEARS, 2 DINESH S/O B. JAICHAN AGED 20 YEARS, D/OR. B JAICHAND F RARKA.
AGED 18 YEARS, D/O B. JAICHAND RaW KA AGED iS YEARS, :
AFPELLA NT NO 4 BEING MINOR REPRE SENTE D BY HER F FATHE THE NATURAL GUARDIAN, au ARE R/av NO. Vy 1, 3RD CROSS, mae «steko V SHASTRI '. THE DIVISIONAL MAN MEE ENE ENE MEF MARINALANA TIKIT GUUKI UP KAKNAIAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH CO! ANDHRA PRADESH STATE ROAD " \ TRANSPORT CORPORATION, Re AOR APG, . RESPONDENT (By SRI. D VIJAYA KUMA Mag a oan 2, MFA 8917} 2008
- Rosd Transport Corporation (APSRT) questioning ERIN NEREENSES EGET SMEG WE RARRALARA FiGrt COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH ¢ MFA FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED: 31.1.2008 PASSED | IN MVC NO. 506/2007 ON THE FILE OF 'THE x. L CAUSES , MEMBER, --
ADDL. JUDGE, COURT OF SMAL MACT, METROPOLITIAN AREA, | BANGALORE, -- (SCCH.NO.17), PARTLY ALLOWING, THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. - THESE APPEALS comms On FOR HEARING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
These. two "appeals: are 7 judgement and award dated 31.1.2008 passed in MVC No. 5806/2007 on the file of XIX Additional SCJ & MACT ry Bargelore.
is by Andhra Pradesh State Saat BW el he OH RE POS RO PLCS E CLUE E Swe all Gd EH i EE, PE Ge PD Wi TRIS Rok Pb ME LUNE ae BRARINATAIA MiGH QOURT OF MAR MATAIKA HIGH COL MFA 9188/2008 is of tom.
band, one major son and two :
minor daughters at the time of the olaim pet tion. They sought for compensation towards the 3 death of 1 mi not the claimants Nos. 2 to 4 end wife of the firet claimant.
4. It is stated thar the deceased was income tax ansceuee, ehs. was, getting income of Re. 78,645/-.
Income tax return filed" stows the income of the deceased as Re. 1! 72, set], The Tribunal relying on the anid raport has determined the compensation by taking the income. 2 at Rs. 5,000/- from the source mentioned therein apblied 13 multiplier giving 1/34 deduction has "awarded Rs. 5,20,000/-. In all, Tribunal has awarded ation of Rs. 9,70,000/ - with interest. HIGH ¢ 2B Rae we TNE ME MAINAATAIMA THUG GHURKE UP RAKNAIAKA HiGh COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAK io ed, the Tribunal has not considered the aaid point. It is also submitted that mcome is based don the income tax return filed by the deceased. The income is from the jewellery shop, and the seid income, is :
continuing one and there is no loss of § income after the | death of the d eceased, 'not only. "husk --s ;
amongst thom two are tninors, there is total lose of | dependency, and 'Tribunal hes committed error while : assessing - the compensation towards lose of dependency.
-- ~ owe business carmo SEE EWR WT MARINI EGE? Wii Wir MARIMALARA MiG GUUKI UF KAKNAIAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COL 5,000/-. Aa far as the multiplier is concerned, though. it Sie ©) is contended that the age of the deceazed's nushand should have been taken, in the present 'Gaye the + women _ are also ent eOreneurT speiaate , 1/34 can be ucted towards. the decenced personal expenditure, Having regard the fot that wife is also equally contributing tw the snl, 'the Tribunal has applied | saultipiier which is #3 more than required. In my opinion, : the 'compensation awarded by the Tribunal is just and er and { does not call for mterfere any consideration. SA iN a Jt Amount in deposit be transferred to the Tribunal. ad w J HOIN WOIVIVNYV JO LENOD HOIH VNVLVNUVS JO LYNOD HOIM VYIVEYNY VY JO DINOS Hom wiviwnows an inns ens TAPE PRT Ur AR Re: