: 1 :

IN THE HIGH COURT OF CIRCUIT BENCH AT DHARWAD

Dated this the 21 st day of August, 2013

Before

THE HON’BLE MR.JUSTICE H.N.NAGAMOHAN DAS

MFA NO 20124 OF 2013(MV)

BETWEEN

ICICI LOMBARD GENERAL INSURANCE CO.LTD., BY ITS, DIVISIONAL MANAGER, ZENITH HOUSE, KESHAVRAO KHADYE MARG, MAHALAXMI, MUMBAI- 400 034, HEREIN REP.BY ICICI LOMBARD GENERAL INSURANCE CO., LTD., 2ND FLOOR, BELLAD & CO., NEAR HERO HONDA SHOW ROOM, BANNIGIDASTOP,GOKUL ROAD HUBLI, DISTRICT: DHARWAD, REP. BY ITS MANAGER-LEGAL. ... APPELLANT

(By Sri : R R MANE, ADV.)

AND

1. SUREKHA W/O MARUTI UPPAR, AGE: 29 YEARS, OCC: HOUSEHOLD WORK, R/O: NASALAPUR, TQ: , DIST: .

2. KUMARI UMASHREE D/O MARUTI UPPAR, AGE: 14 YEARS,OCC: STUDENT, R/O: NASALAPUR, TQ: RAIBAG, DIST: BELGAUM.

3. KUMAR CHETAN S/O MARUTI UPPAR, AGE: 12 YEARS,OCC: STUDENT, R/O: NASALAPUR, TQ: RAIBAG, DIST: BELGAUM. : 2 :

4. KUMAR SANJEEV S/O MARUTI UPPAR, AGE: 10 YEARS,OCC: STUDENT, R/O: NASALAPUR, TQ: RAIBAG, DIST: BELGAUM.

2 TO 4 BEING MINORS REPRESENTED BY THEIR NATURAL GUARDIAN MOTHER RESPONDENT NO.1.

5. SATAWWA ANNAPPA UPPAR, AGE: 66 YEARS, OCC: NIL, R/O: NASALAPUR, TQ: RAIBAG. DIST: BELGAUM.

6. ANNAPPA NARASAPPA UPPAR, AGE: 71 YEARS, OCC: NIL, R/O: NASALAPUR, TQ: RAIBAG. DIST: BELGAUM. ... RESPONDENTS (By Sri : SANTOSH S HATTIKATAGI, ADV.)

MFA FILED U/SEC.173(1) OF MV ACT 1988, AGAINST THE JUDGMENT AND AWARD DTD:19.07.2012 PASSED IN MVC.NO.1645/2011 ON THE FILE OF THE PRESIDING OFFICER, FAST TRACK COURT-I, , AWARDING THE COMPENSATION OF RS.9,00,000/- WITH INTEREST AT THE RATE OF 6% P.A. FROM THE DATE OF PETITION TILL REALIZATION.

This appeal coming on for admission, this day the court delivered the following: JUDGMENT

The Insurance Company is before this court in this appeal

calling in question the Judgment and Award dated 19.07.2012 in

MVC No.1645/2011 passed by the Fast Track Court-I,Chikodi.

2. Sri Ravindra R.Mane, learned counsel for the appellant

contends that deceased was an agriculturist and on the demise of : 3 :

the deceased, the respondents inherited the agriculture lands thereby there is no loss to the family on account of death of

Maruti Annappa Uppar. The accident was on 21.6.2011. The evidence on record establishes that the deceased was an agriculturist owning 2 ½ acres of land. The Tribunal by considering the facts and circumstances of this case had taken the monthly income of the deceased at Rs.6000/- and the same cannot be either arbitrary or exorbitant. There is no grievance with regard to other aspects of the matter that is dependency, multiplier and compensation under other heads. In the circumstances, I find no justifiable ground to interfere with the impugned Award. Accordingly, the appeal is hereby dismissed.

The amount in deposit be remitted to the Tribunal for disbursement in terms of the award.

Sd/- JUDGE

Dkb