High CourtsSingle Bench(2012) 01 KAR CK 0112

The New India Assurance Co. Ltd. vs Smt. Ponnamma @ Ammu and Others

Karnataka High Court · Decided on 6 January 2012

HON’BLE JUDGES
Ravi Malimath, J
RESULT
Dismissed
CASE NUMBER
Miscellaneous First Appeal No. 8169 of 2009 (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 · 254 words

Ravi Malimath

1.

Aggrieved by the judgement and order dated 21.11.2008 passed by the Dist. Judge, Member, MACT, Ramanagara to MVC No. 410/2006, the insurance company has filed the present appeal questioning the excessive compensation granted. Shri Ravi Shankar, learned counsel appearing for the appellant contends that there is no basis to take into account the income of the claimant at a sum of Rs. 5,000/- per month. Under these circumstances, the award of compensation under the head of ''future loss of income'' is erroneous and liable to be set-aside.

2.

The counsel for the respondents defends the impugned Judgment.

3.

Heard the counsel and examined the records.

4.

The claim is that the deceased was earning Rs. 200/- par day and a bata of Rs. 20/- per day, that he was working as a daily-wager in M/s. Eshwar Silk industries, Ramanagara. He was involved in the extraction of silk threads from the ooooon. It is tharefore stated that it is a specialized skill and therefore the claim put forward by the claimants was just and reasonable.

5.

On hearing the counsel and going through the records and especially the job involved by the deceased, I do not find any error committed by the Tribunal in accepting the income of the deceased @ Rs. 5,000/- per month. Further, there is no serious dispute so far as other heads of compensations are concerned. Accordingly, the appeal filed by the insurance company stands dismissed. The amount in deposit be transferred to the Tribunal for necessary orders.