NEW INDIA ASSURANCE COMPANY LTD. REP. BY DIVISIONAL MANAGER Vs. R. VASU S/O. LATE RANGARAJU, H.V. RATHNAMMA W/O. R. VASU AND HEXAGAN ENGINEERS LTD.

JUDGEMENT

(1.) THESE two appeals are arising out of the judgment and award passed by the MACT, Bangalore, in MVC 3462/05 dt. 6/6/2006.

(2.) THE claim petition was lodged by the Appellants in MFA 11126/06 claiming compensation on account of the death of their son Arunkumar in road traffic accident occurred on 27/2/2005 at about 5.30 p.m., while he was a pillion rider while the rider of the motor cycle bearing No. KA 27 E 5070 was near Priya Raj Electricals, Mahadevapura, Bangalore, on account of the rash and negligent driving of the driver of lorry bearing No. KA 04 A 6149, dashed against the motor cycle in which he was a pillion rider and later succumbed to injuries. According to the claimants, deceased was working as a supervisor on contract basis, earning a sum of Rs. 8,000/ - p.m. The Tribunal, considering the income at Rs. 4,500/ - p.m., deducting 50% of his income towards his personal expenditure, by applying the multiplier of 12, has awarded Rs. 3,24,000/ - as compensation under the head 'loss of dependency'. In addition, a sum of Rs. 38,000/ - is awarded under the conventional heads. Thus, in all Rs. 3,62,000/ - is awarded as compensation.

(3.) HAVING heard the counsel for the parties, we are of the opinion that the income taken by the Tribunal is on the lower side and it shall be not less than Rs. 5,000/ - p.m., since he was working as a supervisor in connection with the computer section. Therefore we assess the income of the deceased at Rs. 5,000/ - p.m. and deducting 50% of his income towards personal expenditure, loss of dependency is assessed at Rs. 2,500/ - p.m. and Rs. 30,000/ - per annum. Considering the age of the mother, we have to apply the multiplier of 13. Therefore loss of dependency has to be assessed at Rs. 3,90,000/ -. In addition to that, thev are entitled for a sum of Rs. 30,000/ - under the conventional heads. Thus, the claimants are entitled for an enhanced compensation of Rs. 58,000/ - with interest, of 6% per annum.