Karnataka High Court
K V Kiran vs The Managing Director Bmtc on 12 July, 2011
Bench: K.L.Manjunath, H.S.Kempanna
at £ Lory whe: £% io a baer obs EAT Soros IN THE HIGH COURT OF KARNATAKA AT BANGAI LORE DATED THIS THE |2. DAY OF JULY, 2011 °~ PRESENT aes t. JUSTICE K.L.MA \NOUNATH. aND | Hess i ) HON ELE THE HON'SLE MR, JUS? ICE EUS. REMPANNA | MLFANo9S36/2006iMVi- . HOMAD, &/O SS] ES. VASUDEN vA . AGED ABOUT 34 YE ARS: + 125 & AT. i MAIR. RRAPRAGHA LAYOUT ESE SRD STAGE .. APPELLANT (BY SRI. K T GURUDEVA PRASAD, ADV.) | HE MANA GING DIRECTOR BMC DIVISION KB -ROAD SHANTHINAGAR BANGALORE 77, .. RESPONDENT - YR I. D VUIAYA KUMAR, ADV. "MPA FILED US L731) OF MV ACT AGAINST THE UDGMENT AND AWARD DATED: 154.2006 PASSED IN MVC NO. BO45/ 2004 ©¢ On THE ae or THE ACT, MAYORALL UNIT, METPOPOLIMAN 2 MEER, : MG hLRoad, May Hall junction. The police heve r - tire cage : dl AREA. BANGALORE , (SCCH.NO.AE, PARTLY ALLAS ST Ce THE CLAIM PETITION . FOR COMPS NSATION AND SEEKING ENHANCER ME WT OF. G ON POS HEARING BE SPORE THIS NLPA. CO THE COURT THIS DAY, THE POLLOWING:- fina "nari hee peederred this anpes satisfied with the cormpersation awarded by the MACT, Bangalore dated 15.04.2006 * Beaded m MVC Ns. 8045) 2004. eee te appetian was the claimamt before the Tribunal. The abi potitin: mn wae lodged by him clai 'competisation en account of death of his wife SmitK.Susitha, whe died in a road traffic accident oocurred on 25.10.2004 at about 10.25 pm, at s inst the driver of the BMTC. The deceased er. According to the claimant, ehe ° wan a Sofiecare Fs Waa drawing a ealary of Re4,00,938/- per annum. The Tyibumel compidertimg her income at Re 2,000/- per month, aseeased the losa of dependency at Re. AOD) y, @seeesed the. bee of | per wont amd aocer dependency at Re.9,60,000/- pe pet ari by apolving the multiplier of 16 ami a. sum 8 awarded under the oo saventional, hs ads. aum of Re.10,05,000/- a 2 worded d ax cow mpensation. Bad . helene: 'the 'corp asation awarded by ienging the compe B thie Tribunal, the reasondent/ BMTC head aise filed : in MEA Wo. 15035/ 2006. Tg Hew'ble Court on , e F ; 26.08, 2009 die missed thy 2 appeal fled by the BMTC an. also hele thant thie 'cotfipensation awarded by th "Tribunal is on the lower eile. Therefore, whet hes to be =
considered im ied ap is whet is the quiet are) oreper compensation to be awarded to the claimant on acoount gf the dest! of his wife who was software en engineer. &, We beve beard the learned courws! for thee ee,
5. Om perusal of the salary Hate procduned F . 4m E a 8 ey oe .
by fae claument we ere of i opimuen that the cscaased -- was ge a basic ealary of Me.10,420/-, @ sum of. Re.6,252/- towarde house rent allowance, & sum of - Re.4,.68/- towards OCA ero rest of fhe amici we are net imelined to consider her ine ome, it ia towards conveyance, and other 'itewratoee . according te us, the sed was Re, 20, BEO/ =, Cart of which of the deoses we have to deduct Sunt of Re, 3, BAO. "ty q professin vial 1 tex pay able b by the deceased, Then cle the actual in tae ron hae tes be aseeased at Rs.17,000/- per month. Out of thie sane; 50% of the income has to be sted towards, personal ee TESTIS SS al the deceased. 2 Thee ofore, the? iose of dependency has to he esecesed at Rs. 8,500/- rer month and Re.) ,02,000/- per anmnur. C Considering 2 the age of the claimant, we heave to apply the amultiplier of i6. Therefore, the actual dependency hae to 'be ausemued at Re.16,39,000/- eri in addition to 3 . | oie Pee to be awerded umer er
- that @ gum of Bs.40,001 cerrrerienms| mess.
& JEG th ee aie es abe we ae ae ARM ATAIAHIGH-CO ce Wwe SAMARIA Mart GOUT OF KARNATA SBE Ble e HEE, G RST aye Oe WNL SOO BA RR Ba ei @ entitled for titel j+. Out of which, a sur - ifwe deduct the se of Bs.6,87 , te of