TN THE HIGH CoURT OP KARNATAKA CIRCUIT BENCH AT I)HARWAD 1) \TRD THIS THE 21 DAY OF OCTOBER 2011 BEFORE THE HON’BLE MRSJUSTICE B V NAGARATHNA MfQ12J 2 O1O±MV BETWEEN: SHIV/\LEELA SF-IJVAL1NGAIAH HTREMATH, AGE: 35 YEARS, OCCHOUSEHOLD WORK. R/O PRBHU NAGAR BELGAUM APPLI LANT (B\ Sri VITTIJAL S TELl. ADVi \ND filE DI\2SIONAL MANAGER OR1L AL INSURANCE C ) LTD, 2ND Fl UUR MADIWAI F CO\4PL I IT SUM2. 3E1V RFSIk$NDF’ I 5 i 1 \XMAN MA\ ii X’ V) U1 Ml • FILFU FC UI iT ‘/F F EC If AC ‘INS! irF F D( CCVI \\P V C I N ( JT :1 T :V) P r V I i \ ) -2- FOR COMPENSATION ND SEEKING ENHANCEMENT OF COMPENSATION THIS APPEAL COMING ON FOR ADMISSION ‘WI D1Y. COURT DELIVERED THE FOLLOWING JUDGMENT This appeal is filed b3 the legal representatne of one Shivalingaiah Hiremath who died in a road traffic accident on 9.2 2008. seeking enhancement of compensation. by assailing the judgment and aard passed in M.V C Nu 1653 2008. dated 31122009 by the MACP at Belgaum 2 It is not in dispute that on 9.2.2008 Shivalmgaiah Sadashi Hiremath wis chiming home afte is viork hcn a ttl btaiing uK4 2’,SS’l& ‘c a r s bflj naghg i-ia it anc dishe again n H i tmoc I ‘llil.iS. Diri 0 ti 1) 1 ) aC It ct-i’ ecin : , j fi 1 t) lcsc 1’ t’ tttI C ii 1 ‘, -, .t C itt oh : ç it r 0 . , I insurance policy was marked as ExPi. On the basis of the said evidence, the tribunal awarded compensation of Rs4O9,OOO/ with interest at 6% wa. from the date of claim petition till realisation, against which the claimant has sought enhancement of compensation in this appeal. 3. 1 have heard the learned counsel for the appellant and the respondentinsurance company and perused the material on record, 4. On the basis of the rival contentions the only point that arises for my consideration is, whether the appellant is entitled to enhanced compensation. 5. From the material on record it is noticed that the deceased died on 9.22OO8 on account of grievous accidental injuries. He was working as labourer in a private factory i,e,, .nsnok Iron Works at Belgaum. Even. according to the c.laitvent, he was earning Rs.4O,OOO/ pe.r annunr The tribunal. has, taken the monthly saia.ry a.t Rs,3,OUU / . dice contention of the cou.nsei for the a.ppellant •.is that the award of compensation both on the head of loss of dependc.ncy and on.. conventional heads is •on the lower aide. 6. Having regard to the fact that the claimant had admitted deceased was earning a sum of Rs4O,OOO/ the said amount can be reckoned for cornputing compensation on the head of loss of dependency since the deceased was working in an iron works. Taking the annual salary at Rs4O,OOO/ and deducting 1/3rd towards personal expenses of the deceased and applying the appropriate multiplier of 16, as the deceased was 36 years at the time of accident, compensation on the head of loss of dependency is awarded at Rs4,26,666 / -, Further a sum of Rs3OOOO/ is awarded towards conventional heads, making the total compensation of Rs456,666/ which is rounded off to Rs4,57OOO/. The said compensation shall carry interest at the rate of 6% pa.. from the date of claim petition t.ill reaijsaton. Thereibre the judgment and award of the triOunal is modifien to the etent of enaricing compensation from Rs4,O9,OOO/ to Rs.4,57,OOO/. The appeal is allowed in nart. Parties to bear their own costs. sd/ nincE.