THAHERA BANU Vs. MUNAVER SHARIF

JUDGEMENT

(1.) WITH the consent of learned counsel for both the parties, the appeal though posted for Admission is heard for final disposal.

(2.) THE appeal is by the claimants, seeking enhancement of compensation awarded by the Senior Civil Judge and Additional MACT, Sakaleshapura in MVC No.10/2009 by the judgment and award dated 28.12.2010. The Tribunal has awarded compensation of Rs.4,17,000/-.

(3.) IT is true that the income has not been proved by the claimants. That itself is not sufficient to take the income of the deceased at Rs.3,500/- per month. In the absence of any proof, relevant factors namely date of accident, number of dependants, age of the dependants, place of residence and price index are to be considered for taking the income. The deceased has led 13 years of marital life, that means he must have spent considerable amount for feeding 3 family members and also to meet his personal expenses. In addition to spending amount for feeding his family, he must have spent some amount towards education of his children. By considering all these aspects, I propose to take the income of the deceased at Rs.6,000/- per month. As per Sarala Verma's case if 1/3rd of the income is deducted towards personal expenses of the deceased, Rs.4,000/- would enure to the benefit of the dependants. Accordingly, the calculation would be 4000 x 12 x 14 = 672000. The same is awarded under the head 'loss of dependency'. Appellants 2 and 3 are entitled for additional sum of Rs.25,000/- towards 'loss of love and affection of their father' and appellant No.1 is awarded additional sum Rs.15,000/- towards 'loss of love and affection'. Under other conventional heads, the appellants are awarded additional compensation of Rs.20,000/-.