High CourtsSingle Bench(2012) 08 KAR CK 0182

Smt. Kempamma, Ravi and Ajay 2-3 are minors and reptd by mother - appellant. vs K B Mallikarjunaswamy, H N Revanna and United India Insurance Co Ltd.

Karnataka High Court · Decided on 9 August 2012

HON’BLE JUDGES
Huluvadi G. Ramesh, J
RESULT
Allowed
CASE NUMBER
Miscellaneous First Appeal 3019 of 2012 (MV)

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Judgment

5 paragraphs · 189 words

Huluvadi G. Ramesh

1.

This is a claimants appeal being not satisfied with the compensation awarded by the MACT, Mysore in MVC 729/2010 on 18.4.2011. Claimants are the wife and children of the deceased Manchanna who died on 19.7.2010 due to the injuries suffered in the accident on 3.7.2010 near Srirampura Ring Road. A lorry bearing No. KA 02 A 8958 dashed against the motorcycle which the deceased was riding. The Tribunal having held that the accident was due to the negligence of the driver of the lorry in question, taking the income of the deceased around Rs.4,000/-, has awarded compensation of Rs.5,79,000/- with 6% interest.

2.

Heard the counsel representing the parties.

3.

Taking the income of the deceased between 4,500 to 5,000/-, claimants could be awarded Rs.7,20,000/- towards loss of dependency plus Rs.40,000/- towards conventional heads. Thus, claimants would be entitled to Rs.7,60,000/- 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.

4.

Appeal is allowed in part. Mr. B A Ramakrishna is permitted to file vakalath in four weeks.