High CourtsSingle Bench(2011) 12 KAR CK 0186

Basavegowda @ Basavaraju M.S vs Bhargava M B Bhaskar and The Divisional Manager The New India Assurance Co. Ltd.

Karnataka High Court · Decided on 2 December 2011

HON’BLE JUDGES
Huluvadi G. Ramesh, J
RESULT
Allowed
CASE NUMBER
Miscellaneous First Appeal No. 8362 of 2011 (MV)

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

6 paragraphs · 223 words

Huluvadi G. Ramesh

1.

Delay of 201 days in filing the appeal is condoned subject to the condition that appellant would not be entitled for interest for the delay period on the enhanced amount of compensation. I.A. 1/2011 is allowed.

2.

This appeal is by the claimants seeking enhancement of compensation as against the award passed by the Addl Civil Judge (Sr.Dn.) & MACT., Srirangapatna in M.V.C.No.876/2008.

3.

One Avinash, the only son of the claimants died in the accident occurred on 13.1.2008 at Srirangapatna having sustained grievous injuries, due to the negligence of the rider of the motorcycle bearing No.KA 11 R 3453. The Tribunal has awarded a total compensation of Rs.2,90,000/-. Hence, this appeal

4.

Heard.

5.

The deceased was said to be aged 20 years at the time of accident and was working in a private firm and was also a LIC agent. By taking the income of the deceased at Rs.4,500/-per month, after deducting 50% towards personal expenses and by adopting the multiplier of 15, the loss of dependency would come to Rs.4,05,000/-, plus the claimants are also entitled for another Rs.40,000/- towards conventional heads. Thus claimants would be entitled for Rs.4,45,000/- in modification of the award passed by the Tribunal, with 6% interest from the date of petition till deposit. Inusurer to deposit the amount in three months.