Partly allowed

Smt Jayamma W/O Late Narayanappa v. T Latha W/O Thirunavukarasu

Karnataka HC1 Aug 2012MFA/2777/2012

Case brief

AI extract

What is this about?

In this motor accident claim appeal filed under Section 173(1) of the MV Act, the High Court enhanced the compensation awarded to the wife, children, and parents of the deceased. The Court determined the deceased's income and awarded Rs.6,90,000 plus interest in modification of the Tribunal's award. The insurer was directed to deposit the amount within three months.

What did the court decide?

Compensation enhanced to Rs.6,90,000 with 6% interest from the date of petition till the date of deposit.

Smt Jayamma W/O Late Narayanappa Vs T Latha W/O… — 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 1ST 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.2777 OF 2012 (MV)

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BETWEEN:

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SMT JAYAMMA W/O LATE NARAYANAPPA AGED ABOUT 42 YEARS

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KUMARI. N. GETTHA D/O LATE NARAYANAPPA AGED ABOUT 24 YEARS

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KUMARI. N. SUNITHA D/O LATE NARAYANAPPA AGED ABOUT 22 YEARS

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SRI. N SRIKANTH S/O LATE NARAYANAPPA AGED ABOUT 20 YEARS

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SRI. HANUMAPPA S/O LATE MUNISWAMY AGED ABOUT 70 YEARS

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SMT. PAPAKKA W/O HANUMAPPA AGED ABOUT 67 YEARS

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APPELLANT NOS.1 TO 6 ARE R/AT S.ANATHAPURA VILLAGE MULBAGAL TALUK KOLAR DISTRICT. ...APPELLANTS

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(BY SRI: N GOPALKRISHNA, ADVOCATE)

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AND:

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T LATHA W/O THIRUNAVUKARASU MAJOR IN AGE R/AT NO.2A/13, 3RD CROSS RAILWAY STATION ROAD RANIPET, VELLORE DISTRICT TAMILNADU – 632 402.

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THE ICICI LOMBARD GENERAL INSURANCE CO. LTD., NO.89, 2ND FLOOR, SVR COMPLEX HOSUR MAIN ROAD MADIVALA BANGALORE – 560 068 REP: BY ITS MANAGER. ...RESPONDENTS (BY SRI: B PRADEEP, ADVOCATE FOR R-2, NOTICE TO R-1 IS DISPENSED WITH VIDE ORDER DATED 23.7.2012)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MV ACT AGAINST THE JUDGMENT AND AWARD DATED 17.9.2011 PASSED IN MVC NO.5219/2010 ON THE FILE OF THE VIII ADDITIONAL JUDGE, MEMBER, MACT-5, COURT OF SMALL CAUSES, BANGALORE, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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

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J U D G M E N T

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The delay of 24 days in filing the appeal is condoned. However, the claimants are not entitled to interest for the delay period.

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This appeal is by the claimants seeking enhancement of compensation against the award dated 17.9.2011 passed by the MACT-V and Addl. Small Causes Judge, Bangalore, in MVC No.5219/2010. Claimants are the wife, children and parents of the deceased. The deceased was aged about 42 years as on the date of accident. On 22.6.2010 at about 7 p.m., Narayanappa was proceeding on the foot path on NH-4, BangaloreChennai road, and when he reached near N.Vaddahalli Village, a Lorry bearing No.TN-736469 came in a rash and negligent manner and dashed against him. Due to the impact, he sustained injuries and succumbed to the injuries at R.L.Jalappa Hospital.

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In the claim petition filed, the Tribunal held that the accident occurred due to

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the rash and negligent driving of the driver of the Lorry in question and awarded compensation

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of Rs.4,76,000/- with 6% interest. Not being satisfied, the claimants are before this Court seeking enhancement of compensation on various grounds.

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Heard.

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The deceased was a Mason by profession

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and his income can be assessed at Rs.4,500/- to Rs.5,000/-. After deducting 1/5^th of the income, the claimants would be entitled to Rs.6,50,000/- towards 'loss of dependency'. The claimants are also entitled to Rs.40,000/under the conventional heads. Thus, claimants are entitled to compensation to Rs.6,90,000/with interest at 6% per annum from the date of petition till the date of deposit, in modification of the award of the Tribunal.

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accordingly. The Insurer to deposit the amount

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within three months from the date of receipt of

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a copy of this order.

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(Sd/-) JUDGE

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Smt Jayamma W/O Late Narayanappa v. T Latha W/O Thirunavukarasu

Case brief

What is this about?

What did the court decide?

Smt Jayamma W/O Late Narayanappa v. T Latha W/O Thirunavukarasu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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