SHANTAWWA Vs. THE MANAGING DIRECTOR NWKRTC BELGAUM DIVISION

JUDGEMENT

(1.) Ia-I/2007 is allowed. Delay in filing the appeal is condoned. One Sadashiv Udadar died in a road traffic accident. The occurrence of the accident, negligence of the driver of the bus and coverage of insurance are not in dispute. The deceased left behind two wives, two children and a mother as legal representatives. The second wife of the deceased and mother had filed the petition seeking compensation. The first wife is the second respondent before the Tribunal.

(2.) The Tribunal has awarded compensation to first wife, children and mother and rejected the claim of second wife for share in the compensation. Therefore, the second wife is in appeal seeking share in the compensation and also for enhancement. The NWKRTC has filed an appeal challenging that the compensation awarded is excessive.

(3.) The claimants have filed income tax returns for the assessment year 1999-2000 and 2000-2001. The returns are filed about six months after the accident. In the income tax returns, the income of the deceased is shown as Rs. 81,950/- as the gross income. The income shown does not attract any income tax. As per the unit system 1/6th is to be deducted towards personal expenses and Rs. 68,000/- would enure to the benefit of the dependants. The total 'loss of dependency' would be Rs. 9,52,000/- (Rs. 68,000/- x 14). The legally wedded wife is entitled to Rs. 25,000/- towards loss of consortium. The claimants together are entitled to a sum of Rs. 25,000/- towards loss of expectancy of life and Rs. 10,000/- towards funeral expenses. In all, claimants are entitled to a total compensation of Rs. 10,12,000/-.