TULJABAI W/O RAMASING MANSAWALE Vs. ABDULAZIZ

JUDGEMENT

(1.) This appeal is filed by the claimants seeking enhancement of the compensation and also challenging the fixation of liability of payment of compensation on the insured.

(2.) The claimants contended that on 05.10.2007 when the deceased was riding his bicycle on Bijapur- Hyderabad highway, a truck owned by respondent No.1 driven in rash and negligent manner dashed against the deceased. As a result of the impact the deceased died at the spot. It was claimed that deceased was employed as a tile layer at Pragathi Associates at Solapur and was paid monthly salary of Rs.6,500/-. The claimants claimed that they were dependents on the deceased and due to untimely death of the deceased, the claimant No.1 had lost her companionship at a very young age, while petitioner Nos. 2 to 4 had lost the parental love and affection. The claimants therefore sought for payment of compensation of Rs.24,40,000/-.

(3.) The Tribunal assessed the monthly income of the deceased at Rs.5,000/- and having regard to his age, employed the multiplier of 16 and granted loss of future income of Rs.7,20,000/- after deducting 1/4th towards expenses of the deceased. The Tribunal noticed that the insurance policy was not subsisting as on the date of the accident, and therefore, the Tribunal fixed the liability of payment of compensation on the insured.