UMADEVI Vs. CHANDRASHEKHARAIAH

JUDGEMENT

(1.) CLAIMANTS in MVC No.459/2001 on the file of the MACT, Bangalore Rural District, Bangalore has come up in this appeal seeking enhancement of compensation awarded therein. The fact that claimant Nos. 1 to 4 are respectively widow and children of deceased Ramaiah is not in dispute. It is further not in dispute deceased Ramaiah died in a motor accident, which took place while he was travelling in Maxi cab bearing registration No.KA-13/3101 which met with an accident due to collision with another lorry bearing No.AP-13/T-6937. In the said accident, alongwith deceased Ramaiah other inmates of Maxi cab also died.

(2.) AFTER the death of Ramaiah, his widow and children filed the aforesaid claim petition seeking compensation for his death in said accident and the claim petition was filed against the owner and insurer of Maxi cab in which deceased Ramaiah was travelling and also against the owner and driver of lorry which was involved in the said accident. The Tribunal clubbed the claim petitions filed by the claimants alongwith claim petitions filed by the legal representatives of other deceased persons and also injured persons in the said accident and all the claim petitions were disposed of recording common evidence.

(3.) ACCORDINGLY, the compensation which is awarded to the claimants is required to be reassessed keeping in mind the ratio laid down in the matter of Sarla Verma's case. ACCORDINGLY, in the instant case, claimants would be entitled to compensation under the head loss of dependency at Rs.3,000 x 3/4th = 2,250 x 12 x 14 = Rs.3,78,000/- in addition to this, the claimants is also entitled to special damages in all in a sum of Rs.40,000/- as against compensation awarded by the Tribunal which is required to be calculated as under: a. Loss of estate Rs.10,000 b. Loss of consortium to widow Rs.10,000 c. Loss of love and affection to claimant Nos.2,3 & 4 Rs.15,000 d. Funeral expenses Rs. 5,000 Rs.40,000.