Partly allowed

Smt. Kamalamma v. Smt. Jyothi

Karnataka HC29 Jan 2014MFA/2347/2011

Case brief

AI extract

What is this about?

In a first appeal under the Motor Vehicles Act, the Karnataka High Court enhanced compensation awarded by the MACT. Applying a multiplier of 14 and calculating loss of dependency, the Court ordered the insurer to deposit Rs. 3,81,000 with interest within three months.

What did the court decide?

Compensation enhanced to Rs. 3,81,000 payable by the insurer with 6% interest from the date of petition till deposit within three months.

Smt. Kamalamma Vs Smt. Jyothi — Execution and Attachment | Karnataka HC (2014)

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

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Dated this the 29^th day of January, 2014

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Before

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THE HON'BLE MR JUSTICE HULUVADI G RAMESH

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Miscellaneous First Appeal 2347 / 2011 (MV)

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Between

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1 Smt Kamalamma, 43 yrs W/o late Kenchappa

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2 Sri Krishnamurthy, 22 yrs S/o late Kenchappa

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Both are r/a Pragathi Nagar Rajaghatta, Hassan

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Appellants

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(By Sri H T Basavaraj, Adv.)

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And

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1 Smt Jyothi W/o Ravipandyam KSRTC Bus-Depot, Sakaleshpur

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2 Oriental Insurance Company Ltd D O: I Floor, S S Complex Subhash Circle, Hassan

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Respondents

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(By Sri R Rajagopal, Adv. For r2)

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First Appeal is filed under S.173(1) of the Motor Vehicles Act praying to modify the award of the Addl. MACT, Hassan in MVC 3/2008 on 29.10.2010.

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First Appeal coming on for Admission this day, the Court delivered the following:

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JUDGMENT

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Appeal is by the claimants seeking enhancement of compensation as against the award passed by the Addl. MACT, Hassan in MVC 3/2008 on 29.10.2010.

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On 14.11.2007 in the night around 9.00 p.m. near Sakleshpura Hemavathi Channel on NH 48, one Govinda was talking with Rangappa and another person. At that time, the driver of the Maruthi Van bearing No.KA 18 M 0566 driving the same in a rash and negligent manner, dashed against Govinda who having sustained fatal injuries, died on the spot. In the claim petition filed, on the matter being contested, Tribunal having held that the accident was due to the negligence of the driver of the maruti van in question awarded compensation of Rs.3,51,000/-. Not satisfied with the quantum of compensation, claimants - mother and brother of the deceased, are before this Court.

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Heard the counsel representing the parties.

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Taking the income of the deceased around Rs.4,000/- per month, deducting 50% towards personal expenses, applying the multiplier 14 having regard to the age of the mother of the deceased, as per the ratio laid down in the case of Reshma Kumari & Ors Vs Madan Mohan & Anr – 2013 ACJ 1253, loss of dependency would work out to Rs.3,36,000/- and another Rs.45,000/- would be awarded under conventional heads. Thus, claimants would be entitled to Rs.3,81,000/- 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/-

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Judge

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Smt. Kamalamma v. Smt. Jyothi

Case brief

What is this about?

What did the court decide?

Smt. Kamalamma v. Smt. Jyothi

Case brief

What is this about?

What did the court decide?

What the court decided

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