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Karnataka High Court while deciding the case of The Oriental Insurance Company Limited vs. Rathna & others stated that in a case where amount of compensation on point of loss of dependency has to be decided in motor accident, the age of deceased accident victim must be considered.
An appeal was filed by Insurance Company aggrieved by decision and award given by The Court of Additional Senior Civil Judge & Additional MACT, Udipi. This appeal by heard by bench of Justice H.T. Narendra.
BRIEF FACTS:
Ms. Jyothi, deceased in instant case was travelling as a pillion rider along with one other person and was suddenly hit by a tipper lorry driven rashly and negligently near Badhyaru Achin Cross on Venoor Guruvayanakere State Road. After the dash deceased fell down and the lorry ran over her and she died on way to hospital. In a petition filed by parents of deceased before Tribunal, they were granted compensation of Rs. 6, 96,000 with interest at 6% per annum after considering the evidences. Thus, Insurance Company filed an appeal with regard to same.
ARGUMENTS OF PARTIES:
Counsel of Insurance Company contended that the Tribunal while deciding the case has erred in taking the multiplier based on the age of the mother. Also they raised the contention that adding of 50% of the income of deceased while calculating the loss of dependency was not justified. Further adding counsel stated the contention to reduce the compensation which was awarded Rs.25, 000 each to claimants in the category of “loss of love and affection”.
While presenting the contentions on behalf of Claimants, the counsel presented the case of National Insurance Company vs. Pranay Sethi and others, decided by Supreme Court stated if is justifiable to add 50% of established income if the deceased had a permanent job and is below age of 40 years. He submitted further that the decision of top court also says that the decision while calculating the “loss of dependency”, the age of deceased has to be taken into account. Presenting these points counsel prayed to dismiss the appeal.
JUDGEMENT:
Court rejected the contentions put forward by Insurance Company, also by referring the case of Magma General Insurance Co. Ltd. vs. Nanu Ram where court decided in favor of claimants and were entitled to compensation under the head “loss of love and affection” and also by taking view of stated cases dismissed the appeal of Insurance Company.
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