High CourtsSingle Bench(2011) 11 KAR CK 0259

Gujjamma and Others vs N Radha and M/s United India Insurance Co Ltd.

Karnataka High Court · Decided on 9 November 2011

HON’BLE JUDGES
Huluvadi G. Ramesh, J
RESULT
Allowed
CASE NUMBER
MFA No. 7083 of 2010 (MV)

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Judgment

10 paragraphs · 253 words

Huluvadi G. Ramesh

1.

MFA 7063/10 is filed by the wife, 2 minor children and the parents of the deceased Chandrappa @ Mariayappa whereas MFA 7084/10 as filed by the Injured claimant as against the award passed by the VII Additional Judge, MACT, Bangalore in MVC Nos. 699/09 and 700/09 on 26.2.2010.

2.

The Tribunal has awarded compensation of Rs. 6,15,500/- In MVC 699/09 and Rs. 15,000/- in MVC 700/09. Being aggrieved, the claimants are before this Court seeking for enhancement of compensation.

3.

Heard.

4.

According to the learned counsel for the appellants in MFA 7083/10, the Tribunal ought be have taken the income at Rs. 5,000/- p.m. while calculating the loss of dependency.

5.

Par contra, learned counsel for 2nd respondent-Insurer contended the Tribunal has awarded higher compensation of Rs. 80,000/- towards other conventional heads.

6.

Having heard the teamed counsel for respective counsel, I am of the opinion that the claimants are entitled for another sum of Rs. 40,000/- over and above the compensation awarded by the Tribunal With interest at 6% p.a. from the date of petition till deposit.

1.

In the connected appeal, taking into consideration the nature of injuries and duration of treatment and the amount spent towards medical expanses (Rs. 9,792/-), the claimant is entitled for another sum of Rs. 18,000/- over and above the compensation awarded by the Tribunal with interest at 6% p.a. from the date of petition till deposit.

The insurer shell deposit the amount within three months.

Appeals are allowed in part.