Smt. Gangawwa v. Sri, R. Sarvanan SI Raj Gopal, No. Extenstion, Bangalore-02
Case at a glance
Provisions considered
- Motor Vehicles Act, 1988 s. 173(1)
Judgment
Smt. Gangawwa, W/o. Balappa Hulagur, Age : 22 years, occ: House hold work, R/o. Shigli, Tq: Shirahatti, Dist: Gadag.
Kumari Megha, D/o. Balappa Hulugar, Age : 7 years, R/o. Shigli, Tq: Shirahatti, Dist: Gadag.
Madhu D/o. Balappa Hulugar, Age : 5 Years, (Appellants 2 and 3 since minor, Rep. By its natural mother guardian. Appellant No.1)
Gangappa Hanumanthappa Hulugar, Age : 60 years, 0cc : Agrilcuture, R/o. Shighi, Tq: Shirahatti, Dist: Gadag.
Smt. Shantwwa W/o. Hanumanthappa Hulugar, 0cc: Household work, Age : 45 yearfs, R/o. Shighi, Tq: Shirahatti, Dist: Gadag. (By Sri: Girish S. Hiremath Adv.,) Appellants AND:
3. Sri, R. Sarvanan SI Raj Gopal, No. 4 K P M Extenstion, Bangalore-02. The Divisional Manager, The Oriental Insurance Co. Ltd., Jubilee Circle, Dharwad. (Policy No. 4297/2005) Annadurais, SI R/o. Solaikattai Post Office, Tq & Dist: Dharmpur. Swanlinathan, .Respondents (By Sri: M.K. Soudagar Adv for R2; R-3 served; Notice to R- 1 dispensed with) This MFA is filed under Section 173(1) of the MV Act against the judgment and award dated : 09.03.2010 passed in MVC No. 591/2005 on the file of the Pri. Senior Civil Judge & Member, MACT, Hubli, partly allowing the claim petition for compensation and seeking enhancement of compensation. This MFA coming on for orders, this day, the Court delivered the following: 3 JUDGMENT This is Claimants appeal seeking enhancement compensation. The Tribunal has awarded compensation of Rs.3,66,000/- with interest.
2. Claimants are the wife, children and parents of the deceased. However, the Tribunal taking income of the deceased at Rs.3,000/- and giving only 1/3rd deduction and further applying 14 multiplier, even though the deceased was aged 38 years, has wrongly awarded compensation towards loss of dependency.
3. In my opinion, for an accident of the year 2005, income should have been taken at Rs.4,000/- and deduction should have been 1/4th. Hence, claimant is entitled to Rs.3,000/- x 12 x 15 =Rs.5,40,0O0/ towards loss of dependency. Rs.50,000/- awarded under other conventional heads. In all, claimants are entitled to Rs,5,90,000/- with interest as against Rs.3,66,000/- awarded by the Tribunal. Thus, claimant entitled to Rs.2,24,000/- with interest over and above the compensation awarded by the Tribunal. I I—..—’
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.