- (1.) This appeal is directed against the judgment and award dated 19.10.2005 passed by the court of the First Additional M.A.C.T., Karwar in M.V.C. No. 191 of 2003. The deceased Anklar alias Anand was knocked down by a bus, when he was on his way back from the workplace to his residence. For his death in the road accident in question, the Claims Tribunal has awarded a sum of Rs. 2,33,000, the break-up of which is as follows: JUDGEMENT_317_TLKAR0_2011_1.html
(2.) The insurance company is in appeal before me. Mr. V.R. Datar, the learned counsel for the appellant, submits that the respondent Nos. 1 and 2 are the brothers of the deceased. As they were not dependent on the deceased, they are not entitled to be awarded any amount for loss of dependency and in any case, their entitlement could be only towards the loss to estate. In support of his submission, he has relied on this court's Division Bench judgment in the case of A. Manavalagan v. A. Krishnamurthy, 2005 ACJ 992.
(3.) Mr. D.V. Pattar, the learned counsel for respondent Nos. 1 and 2, submits that respondent No. 1 is deaf and dumb and the respondent No. 2 suffers from tuberculosis. As they have not been working and as they have been depending on the deceased's income, they are entitled to be awarded the amounts towards loss of dependency.;