BILKISH Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) This appeal is directed against the order dated 11.7.2000 passed by the Division Bench of the Karnataka High Court whereby the Division Bench has ordered the compensation in sum of Rs. 1,65,000/- towards dependency and Rs. 10,000/- for the loss of estate & funeral expenses. Aggrieved against this order, the present appeal was preferred by the appellant for suitable enhancement of the compensation. Brief facts which are necessary for the disposal of this appeal are as under:

(2.) That one Hazi Mohammed Haneef died in a motor accident on 30.3.1993 when a tempo bearing No. CAA 6591 dashed against the motorcycle (KA-01-H-7054) which he was riding. He ultimately succumbed to injuries and died. Therefore, the claimants (the parents of the deceased) filed MVC No. 1039/1993 claiming compensation of Rs.15,12,000/- under the various heads. The Tribunal allowed the claim petition in part by judgment and award dated 23.9.1996 and held that accident took place due to negligent driving of the tempo bearing No. CAA 6591 and held that claimants were entitled to compensation of Rs.1,75,000/- with interest at 6% p.a. from the date of petition to the date of realization. The compensation amount awarded in sum of Rs. 1,65,000/- towards loss of dependency and Rs. 10,000/- towards loss of estate & funeral expenses.

(3.) Learned counsel for the appellant submitted that the deceased was 20 years of age and was a bachelor. His parents were aged 47 years and 42 years respectively. The deceased was studying in First Year B.Com. course and he was also the proprietor of a business carried under the name and style of H.S. Traders and was an income-tax assessee. The deceased had an income of Rs. 31,494/- in his business and had paid the income-tax on that. The Tribunal had erroneously deducted 50% towards his personal, living expenses and the contribution to the family/dependency worked out to Rs. 15,000/- per annum. The Tribunal applied multiplier of 11, looking to the age of the parents and arrived at the total loss of dependency at Rs. 1,65,000/-. Learned counsel submitted that the assessment made by the Tribunal and affirmed by the High Court was totally erroneous. The incumbent was a bachelor, therefore, he could not spend 50% of his income on himself. But three-fourth of the income was contributed to the family and , therefore, the dependency assessed by the Tribunal and by the High Court for a sum of Rs. 15,000/- was not correct. It was also submitted that the multiplier of 11 applied by the Tribunal was also not correct.