K.H. SACHIDEVI W/O. LATE DR. H.H. SWAMY Vs. S.R. SRIKANTH S/O. S.N. RAMACHANDRASHASTRY, MAJOR, HARINI 1ST CROSS, SIDDAGANGA EXTENSION, TUMKUR, NATIONAL INSURANCE COMPANY LTD., NO.16, KUMARA KRUPA ROAD, BANGALORE. BY ITS MANAGER AND R. SHIVAKUMAR

JUDGEMENT

(1.) APPELLANTS were the claimants in MVC 1103/1998 on the file of MACT., Tumkur. They have preferred this appeal being not satisfied with the compensation awarded to them by the judgment and award dated 12.1.2007 wherein the compensation of Rs. 10,39,000/ - has been awarded to them.

(2.) CLAIMANTS are the widow, minor daughter and aged father of one Dr.H.H.Swamy who died in a road traffic accident occurred on 25.8.1998 at. about 12 -15 p.m. in front of UCO Bank, B.H.Road, Tumkur. Deceased was a MBBS Graduate and working as Medical Officer at PHC in Mavinahalli of Gubbi Taluk. He was appointed by the Government on a contract basis on a salary of Rs. 6000/ - per month. He was running a clinic and getting income of Rs. 4000/ - per month and his services would ha:/e been made permanent by the Government in which event his salary could not be loss than Rs. 12,000/ - per month. The tribunal, considering his salary and the income from private clinic assessed the income of the deceased at Rs. 8000/ - per month and Rs. 96,000/ - per annum. Out of which l/3rd of the income was deducted towards his personal expenses and assessed the loss of dependency at Rs. 64,000/ - per annum and by applying the multiplier of 16, assessed the loss of dependency at Rs. 10,24,000/ - and a sum of Rs. 15,000/ - is awarded under conventional heads. Thus in all, Rs. 10,39,000/ - has been awarded as compensation. Being not satisfied with the same, present appeal is filed for enhancement.

(3.) IT is not in dispute that deceased was working on contract basis as a Medical Officer under the State Government. As per Ex P -12 all his colleagues were subsequently regularized and were made as permanent doctors on a basic salary of Rs. 7400/ - . If the deceased had continued in service, even his services would have been regularised, in such an event his salary would have been multiplied and he had future prospects in his life. Therefore, we would like to assess the income of the deceased at Rs. 12,000/ - per month as he was a MBBS graduate and was also runing a private clinic after hospital hours. Out of which Rs. 1000/ - has to be deducted towards income tax and professional tax and his salary has to be assessed at Rs. 11,000/ - per month and Rs. 1,32,000/ - per annum and considering his age we have to apply the multiplier of 17. If it is so, loss of income has to be assessed at Rs. 22,44,000/ - out of which 1/3rd of Rs. 22,44,000/ - has to be deducted towards his personal expenses, it comes to Rs. 7,48,000/ - . Therefore, loss of dependency has to be assessed at Rs. 14,96,000/ - . In addition to that, they are entitled for a sum of Rs. 40,000/ - under conventional heads. Thus in all, claimants are entitled for a total compensation of Rs. 15, 36, 000/ - . Out of which a sum of Rs. 10,39,000/ - has to be deducted which amount has been awarded by the tribunal. After deducting the amount so awarded by the tribunal, appellants are entitled for enhanced compensation of Rs. 4,97,000/ - with interest at 6% p.a. from the date of petition till the date of payment.