ORIENTAL INSURANCE CO LTD Vs. N JAYARAMU

JUDGEMENT

(1.) THOUGH this matter is posted in orders list, the same is taken up for final disposal with the consent of the learned counsel for the parties.

(2.) THE claimants/respondents 1 to 4 had filed a claim petition under Section 168 of the Motor Vehicles Act, claiming compensation on account of the death of the deceased J. Venugopal, who was aged about 19 years. THE Tribunal, after assessing the oral and documentary evidence available on file, has awarded compensation of a sum of Rs.2,60,000/- with interest at 6% per annum from the date of petition till the date of deposit. Not being satisfied with the said award, the claimants came up in appeal before this Court, seeking enhancement of compensation. This Court, after hearing both sides and after going through the original records available on file, awarded a sum of Rs.3,62,600/- as against Rs.2,60,000/- awarded by Tribunal.

(3.) AFTER careful perusal of the impugned judgment and award passed by this Court and after hearing the learned counsel for the parties, what emerges is that, the deceased was the sole earning member in the family and he has left behind two minor sisters and a dependent brother apart from aged father. Therefore, having regard to the number of dependents and the peculiar facts and circumstances of the case, we deduct l/3rd towards the personal expenses of the deceased from out of the monthly income of Rs.3,600/- and adopt multiplier of '13' having regard to the age of the parent of the deceased, being 50 years. Accordingly, if we re-determine compensation towards loss of dependency with the above factors, it would, in fact, work out to Rs.3,74,400/- and if a sum of Rs.40,000/- is added towards the conventional heads, it would, in fact, work out to Rs.4,14,400/-, which would be higher than the compensation awarded in the impugned judgment and award. Therefore, we do not find any good grounds as such for review of the impugned judgment and award passed by this Court.