G K BHADRINATH Vs. GENERAL MANAGER

JUDGEMENT

(1.) THIS appeal is by the claimant seeking enhancement of the compensation awarded by the MACT, Shimoga passed on 26.5.2007 in MVC No.236/2001. In respect of the injuries sustained by him in the road traffic accident, the Tribunal has awarded total compensation of Rs.1,01,000/-. Being not satisfied with the same, the present appeal was filed by the claimant-G.K. Badrinath.

(2.) BADRINATH died during the pendency of this appeal. The accident occurred on 14.4.2000. At the first instance, the learned counsel for the respondent No.1-KSRTC raised the contention regarding the maintainability of the appeal contending that in view of the death of the appellant, his LRs - parents are not entitled to claim compensation. He has relied upon the judgment of this Court in Kannamma v. Deputy General Manager reponed in ILR 1990 Kar 4300.

(3.) IT is not in dispute that the deceased-claimant sustained fracture of hip bone which resulted in permanent functional disability to the whole body and the evidence of the doctor is not seriously questioned by the respondent No.l-KSRTC. The Tribunal instead of considering the disability at 15% has wrongly considered at 10%. Therefore, we are of the view that the compensation awarded by the tribunal under the head future loss of income is on the lower side. According to the claimant he was earning Rs.2,500/- p.m. and per annum it will be Rs.30,000/-. If 15% is considered as his disability, future loss of income per annum has to be assessed at Rs.4,500/-. Considering his age, we have to apply the multiplier of 14. Therefore, the future loss of income has to be assessed at Rs.63,000/-. The tribunal has already awarded Rs.80,000/- under the said head. Therefore, the appellant is entitled for a sum of Rs.45,000/- as enhanced compensation under the aforesaid head. The Tribunal has awarded only a sum of Rs.10,000/- towards loss of amenities which according to us is on the lower side. Therefore, we are inclined to award Rs.10,000/-under the aforesaid head. Thus, in all, the appellants are entitled to total compensation of Rs.55,000/- with interest, at 6% p.a. from the date of the petition till realisation. Accordingly, the appeal has to be allowed in part.