High CourtsSingle Bench(2013) 06 KAR CK 0032

Babu @ Syed Samiulla, Faiyaz Unnisa, Basheer Unnisa and Syed Fazil vs Mohammed Amir and The Manager, National Insurance Co. Ltd.

Karnataka High Court · Decided on 24 June 2013

HON’BLE JUDGES
N. Ananda, J
RESULT
Partly Allowed
CASE NUMBER
M.F.A. No. 2691 of 2012 (MV)

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Judgment

10 paragraphs · 243 words

N. Ananda, J.—The matter is listed for admission. Lower court records are received. With the consent of learned counsel for parties, the matter is taken up for final disposal. This is a claimants'' appeal for enhancement of compensation.

2.

I have heard learned counsel for parties.

3.

The other facts not being in dispute, the points that would arise for determination in this appeal are:

i) Whether the tribunal was justified in determining the income of deceased at Rs. 2,000/- per month?

ii) Whether the tribunal was justified in awarding compensation of Rs. 50,000/- towards medical expenditure when the claim petition was filed u/s 163-A of the Motor Vehicles Act?

4.

The evidence on record discloses that deceased was aged about 18 years at the time of accident. Therefore, I determine his income at Rs. 3,000/- per month. The other facts not being in dispute, claimants would be entitled to compensation of Rs. 3,84,000/- towards ''loss of dependency'', a sum of Rs. 15,000/- towards ''medical expenditure'' and a sum of Rs. 4,500/- under conventional heads. Thus, claimants are entitled to total compensation of Rs. 4,03,500/-. In the result, I pass the following:

ORDER

(i) The appeal is accepted in part.

(ii) The impugned award is modified by enhancing compensation of Rs. 3,64,000/- to Rs. 4,03,500/-

(iii) The rest of the impugned award as it relates to rate of interest, period of accrual of interest and ratio of apportionment, payment and investment is confirmed.