Allowed

Smt Sharada v. Sri Kinnu Moolya S/O Poova Moolya

Karnataka HC8 Aug 2012MFA/1748/2012

Case brief

AI extract

What is this about?

In this miscellaneous first appeal filed under Section 173(1) of the MV Act, the court allowed the appeal in part. Despite an error in the appellant's counsel's statement regarding the deceased's age and income, the court adopted the appellant's figure of Rs.4,95,000/-. The court ultimately enhanced the award by modifying the Tribunal's calculation.

What did the court decide?

Compensation enhanced to Rs. 5,70,000/- (Rs. 4,95,000/- for dependency, Rs. 25,000/- medical, Rs. 10,000/- transport, Rs. 40,000/- conventional) with 6% interest payable in three months.

Smt Sharada Vs Sri Kinnu Moolya S/O Poova Moolya — Motor Accident Claims | Karnataka HC (2012)

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

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DATED THIS THE 08TH DAY OF AUGUST 2012

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BEFORE

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THE HON'BLE MR. JUSTICE HULUVADI G.RAMESH

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MISCELLANEOUS FIRST APPEAL NO.1748 OF 2012(MV)

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BETWEEN :

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1 SMT SHARADA, 42 YRS W/O LATE KRISHNA MOOLYA

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2 PRAMOD (MAJOR) S/O LATE KIRSHNA MOOLYA AGED 24 YEARS

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3 PRADEEP (MAJOR) S/O LATE KRISHNA MOOLYA AGED 21 YEARS

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4 PRANEETHA, 12 YRS (MINOR) D/O LATE KRISHNA MOOLYA REPRESENTED BY HER NATURAL GUARDIAN MOTHER 1ST APPELLANT

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ALL ARE R/AT BOLLANA HOUSE, ARYAPU VILLAGE, PUTTUR Tq

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...APPELLANTS

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( By Sri. VISHWANATHA POOJARY K, ADV )

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AND :

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1 SRI KINNU MOOLYA S/O POOVA MOOLYA 69 YRS, R/AT BOLLANA HOUSE, ARYAPU VILLAGE, PUTTUR TALUK, D K

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2 THE BRANCH MANAGER THE UNITED INDIA INSURANCE COMPANY LTD., PRABHU BUILDING, MAIN ROAD, PUTTUR TALUK, DK ...RESPONDENTS

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( By Sri. S V HEGDE MULKHAND, ADV FOR R2 )

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THIS MISCELLANEOUS FIRST APPEAL IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 2.11.2011 PASSED IN MVC NO.634/2008 BY THE MACT, PUTTUR, SEEKING ENHANCEMENT OF COMPENSATION.

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THIS MISCELLANEOUS FIRST APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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This appeal is by the claimants, seeking enhancement of compensation, as against the award passed by the Civil Judge (Sr.Dn.) and MACT, Puttur in MVC No.634/2008.

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On 23.2.008 around 11.00 a.m. when one Krishna Moolya

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was going on the left side of the road near Sullia-Mangalore road, at

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that time, due to the negligence of the driver of the jeep bearing No.CRQ 9005, coming from Ashwini circle which dashed against him, he fell down and sustained injuries on the head and all over the body. He was treated at Adarsha Hospital, Puttur and at City Hospital, Mangalore and later, he succumbed to the injuries while under treatment. He is said to have spent Rs.1,00,000/- towards medical expenses and conveyance. Claimants being the legal representatives of deceased Krishna Moolya, filed the claim petition. The Tribunal having held that accident was due to the negligence on the part of the driver of the jeep in question has awarded a total compensation of Rs.3,38,200/- with 6% interest. Being not satisfied, this appeal is filed.

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Heard.

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According to the learned counsel for the appellants, the

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deceased was aged 47 years, but wrongly his age is shown as 51 years. The income is also taken on the lower side. Deceased was said

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to be a mason earning Rs.7500/- per month.

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Having regard to the nature of avocation and as the accident is of the year 2008, his income could be taken around Rs.5,000/- per

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month. After deducting 1/4^th towards personal expenses, by adopting the appropriate multiplier 11, in the absence of proof of age, towards loss of dependency claimants would be awarded (3750x12x11) Rs.4,95,000/-. Since the deceased was treated at various hospitals Rs.25,000/- could be awarded towards medical expenses; Rs.10,000/towards transportation and Rs.40,000/- towards conventional heads. Thus, claimant would be entitled for Rs.5,70,000/- 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.

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Appeal is allowed in part.

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Sd/- JUDGE

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bkp

Smt Sharada v. Sri Kinnu Moolya S/O Poova Moolya

Case brief

What is this about?

What did the court decide?

Smt Sharada v. Sri Kinnu Moolya S/O Poova Moolya

Case brief

What is this about?

What did the court decide?

What the court decided

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