High CourtsSingle Bench(2012) 06 KAR CK 0125

Smt. Jayamma, Chandrashekar, Jayamma and Nagaveni Since Minor Rep by Her Mother 1st Appellant All are Rita No. 32, Old Guddadahalli Mysore Road, Bangalore vs Managing Director KSRTC Depot K H Road, Shanthinagar Bangalore-560027

Karnataka High Court · Decided on 1 June 2012

HON’BLE JUDGES
Huluvadi G. Ramesh, J
CASE NUMBER
Miscellaneous First Appeal 3794/12009 (MV)

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Judgment

5 paragraphs · 237 words

Huluvadi G. Ramesh

1.

Appeal is filed by the legal repraentative of the deceased, for enhancement of the corizpensation awarded by the XIX Addl. MACT, Bangalore in MVC 5347/2006 on 26.4.2007. Claimants are the parents, wife end children of the deceased. The accident occurred on 7.7.2006 around 7.00 a.m. Near Mysore Bangalore Road while the deceased was riding a TVS Moped bearing No. KA 04 EC 4641 and the bus hearing No. KA 41 F 033 came in a negligent manner and dashed against the TVS Moped due to which the deceased sustained injuries. He was shifted to NIMHANS where he succumbed to the injuries.

2.

According to the claimants, the deceased was a contractor in inquiry, Tribunal having held that the accident was due to the negligence of the driver of the bus in question, awarded a total compensation of Rs.4,93,000/- with 6% interest. Hence, this appeal.

3.

Heard the counsel representing the parties.

4.

Taking the income of the deceased around Rs. 4,000/-, adopting the multiplier 15, after deducting 1/3", claimants would be entitled for Rs. 4,86,000/- + Rs.45,000/- towards conventional heads like loss of consortium, love and affection, transportation of dead body and loss of estate. Thus, claimants would be entitled for Rs.5,31,000/- in modification of the award of the Tribunal with 6% interest from the date of petition till deposit. Insurer to deposit the amount in three months. Appeal is allowed in part.