IN THE HIGH COURT OF KARNATAKA CIRCUIT BENCH AT DHARWAD DATED THIS THE 3Q11I DAY OF NOVEMBER 2011 PRESENT THE HON’BLE MRJUSTICE KLMANiUNATH AND THE HON’BLE MRJUSTICE KGOVINDARAJULU MFANO.20772/2009 BETWEEN: SHAGUFTABANU W/O SAYYED AE3DUL AZEEZ AGE:29 0CC HOUSEHOLD R/O BAITHULALIM #602, NEAR FLOOR MILL BUNDER ROAD, MAGDUM COLONY B HATKAL 2. SAYVED WORD. SHAMAISH 3/0 S’ñED BDLL AZEEZ AGE: 3 YEARS R/O BAITHULALIM \ER FLO 1 )R \HL BUNDER ROAD , MAGDUM COLONY BHATKAL MINOR R ‘BY NATURAL GLNRD14 MOTHI2R 2 .1 3. BIBI RUKHIA KOLA W/O LATE SAYYED SHAMAMSHUDDIN PIRZADE AGE:57, 0CC HOUSEHOLD RIO SAYYED HASHI MANZIL UMMER STREET, 3RD CROSS, MADINA COLONY, BHATKAL. APPELLANTS, (By Sri. : P.G.CHIKKANARAGUND, ADV.) AND I. YASMEEN BANU W/O MOHAMMAD MAJ4AZAR AGE: 28, 0CC OWNER RIO SUHA MANZIL HANIFA ABAD, HEBLE, BHATKAL 2. THE DIVISIONAL MANAGER UNITED INDIA INSURANCE CO LTD BRANCH OFFICE, URBAN BANK BUILDING NH 17, BHATKAL 3. S REHAMATULLA 5/0 HUSSAIN PEERA HIGHWAYS AGE: 42, OeC OWNER RIO MIS M J ENGINEERING WORKS NH 13, KOPPAL, MUNIRAAD 4. THE OREINTAL INSURANCE CO LTD BRANCH OFFICE, ROSY TOWER 2ND FLOOR, NO 7, NUNGABAKAM HIGH ROAD CHENNAI RESPONDENTS (By Sri. C.V.ANGADI FOR R2, V.R.DATAR FOR R4 R1,R3 : NOTICE DISPENSED WITH,) THIS MFA IS FILED U/S 173(1) OP MV ACT AGAINST THE JUDGMENT AND AWARD DkTED 4/2/09 P4SSED IN MVC NO 44/2006 O\ THE PILE OF THE ADDITIONAL MACT AT HONVAR. PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OP COMPENSATION. THIS MFA COMING ON FOR ORDERS THIS DAY, K.LMANJUNATH J., DELIVERED THE FOLLOWING: JUDGEMENT This appeal is filed by the claimant being not satisfied with the compensation awarded to them by the Add. MACT, Honnavar, in MVC NbA4/2006 dated 4/2/2009. 2. The appellants are the legal heirs of one Sayved Abdul Azeem, who died in road traffic. accident on 27/ .I /2006 at about 430am near Kolikere village at BhatkahHubli road, He was aged. about 34 years, A.ccording to the claimant i.e was working in (}ulf countar earning a sum of Ks, 60,000/ p ,i11. Except 4 producing the passport no other document is produced to show that the deceased was earning a sum of Rs60,000/- p,m. in the absence of the material produced by the claimant, based on the passport produced by the claimant and balance sheet of the bank account, the Tribunal has considered the income of the deceased at Rs, 10,000/- pan. and deducting 1/31d towards his personal expenditure by applying multiplier of 15, assessed the loss of dependency at Rs, 12.00,000/-. Under the conventional head a sum of Rs80,000/- is awarded, Thus in all, a sum of Rs. 12,80,000/- was awarded as compensation and the said amount pertains to two insurance Companies at the ratio of 70:30 respectively, between the United India Insurance Company and Orienl.:aI Insurance Company. The appeal filed by the United India Insurance Company has been dismissed by us today vide sepa.rate judgment, confirmed the liability sac:ciiecI on loth \tl}j cc coirsidered by us i.n this anneal is whether ti.i.e compensation awarded to the claimants by the Tribunal is on lower side or requires to be interfered, When the Tribunal has held that the deceased was aged about 34 years what was requires to be considered is multiplier to be applied 16 and not 15 in terms of the judgment of the Hon’ble Supreme Court in Sarala Varma and Others Vs. Delhi Transport Corporation & Another (2009 ACJ 1298) If the income of the deceased was Ps i20000/ out of which if we deduct 1/3rd, dependency has to be assessed at Rs8O,000/. 3. Therefore, we are of the view that under the head of loss of dependency, if we apply the proper multiplier, the appellants. ae entitled for a sum of Rs, i2,80,OO0/ under the head of loss of dependency. But this Court constantly awarded a sum of under the conventional head. But, the Tribunal as against Rs4O,O0O/, Rs. 80000/ f as been awarded. If we recalculate the act••ua compensation to be: awarded to fire cIaimu.nt u. 12.80,000/ and CD z C 0 C CD C -i C Q- p o 0 Cl) Cl) C CD CD r+ CD CD CD CD 0 C fr-+ C CD ) CD I CD Q r+ CD 0 C 0 CD CD CD CD Co CD 0 Q CD o d CID C p Co 0 CD CD CD fr-f CD CD CD C , 7 L , cr r+ C 0 r CD CD CD CIf CD CD 0 CD CD CD Co rt r CDc o — 0 Z,1J 0 r1 0 CD• :: = Co rt ± C 0 CD r,bj .. CD •E 0 CD CD - 0 o C CD — CD Sn CD CD CD 0 C CD CD o CD r )0 CD CD 0• C CD CD