SMT VANAJAKSHI B.N W/O. LATE T. S. JAYARAM, SRI HARISH JAYARAM S/O. LATE T.S JAYARAM, SRI DHANANJAY S/O. LATE T.S. AYRAM AND SRI RAGHAVENDRA S/O. LATE T.S. JAYRAM Vs. THE ASSISTANT GENERAL MANEGER ASPINWALI AND COMPANY KULSHEKAR, MANGALORE AND

JUDGEMENT

(1.) THESE two appeals are directed against the judgment and award dated 1.2.2010 in MVC No. 1289/2007 on the file of the MACT, Mangalore. MFA No. 4039/2010 is filed by the insurer questioning the quantum of compensation whereas MFA No. 9351/2010 is filed by the claimants seeking enhancement of compensation.

(2.) CLAIMANTS are wife and major children of the deceased who died in a road accident that occurred on 11.5.2007. He was working as a Junior Engineer in New Mangalore Fort Trust drawing salary of ? 20,768 / - p.m. and was aged about 57 years at the time of death. The Tribunal, after giving deduction towards the income tax at the rate of 15% and after giving deduction of 1/3rd towards personal expenses of the deceased, has calculated the compensation towards loss of dependency at ? 13,61,000/ - and in all, has awarded compensation of ? 14,34,000/ - with interest, as against which, these appeal are filed.

(3.) ON the other hand, Learned Counsel for the claimants submitted that, to view of the remaining period of service, the deceased could haw got the benefit of increments and protections. Having regard to the same, the income of the deceased has to be taken as per the salary and the multiplier as applicable has to be taken. Application of the multiplier is only for the purpose of calculating loss of dependency. The feet is that, by method of multiplier, it include the other eventualities and therefore, relied on the judgment of the Apex Court reported in AIR 2000 SC 3583 in the case of Jyti Kaul and Ors v. State of M.P. and Anr. and submitted that the Apex Court, in the case of a Government employee, has applied 15 as the multiplier and taken the salary and has given the compensation. He also relied on another judgment of the Apex Court reported in 2011 SAR (Civil) 283 in the case of K.R. Madhusudan and Ors. v. Administrative Officer and Anr.', wherein the Apex Court has not adopted the dividing method and has taken full salary for the purpose of calculation of loss of dependency, He also relied on the Division Bench of this Court in MFA No. 4134/2002 and submitted that the Division Bench has also accepted the same.