UNITED INDIA INSURANCE COMPANY CHICKEPETE BRANCH LAXMI COMPLEX, 1ST FLOOR NO. 40, K.R. ROAD, FORT BANGALORE-560002. NOW REPRESENTED BY ITS REGIONAL OFFICE SHANKARANARAYANA BUILDING M.G. ROAD, BANGALORE-560001 BY ITS MANAGER Vs. SMT PARVATHAMMA@R

JUDGEMENT

(1.) THE claim against the appellant related to the death of a Police Constable, aged about 24 years, in a motor accident on 06.04.2009. Claimants are the respondents. The age and employment of the deceased is not under challenge. Salary certificate produced would indicate that the deceased was earning Rs. 8,947/ - p.m. Net salary was Rs. 7,122/ -. The Tribunal has taken the salary of the deceased at Rs. 8,700/ -. 1st appellant being aged about 53 years, multiplier of 11 was applied. 1/3rd of the income was deducted towards personal & living expenses of the deceased and balance was taken as loss of dependency and Rs. 11,48,400/ - was awarded under the said head. Rs. 45,000/ - was added under the conventional heads. An award for Rs. 11,93,400/ - with interest at 6% p.a. was passed. Aggrieved, Insurance Company has filed this appeal, contending that there is excess award by the MACT. Sri B.A. Ramakrishna, learned Advocate for the appellant contended that, the Tribunal in the first instance has committed error in deducting 1/3rd towards personal expenses of the deceased who was a bachelor and the claimants are only his parents and in the second instance, in awarding the sum under the conventional heads at Rs. 45,000/ -, as against Rs.25,000/ -, in terms of the decision of the Apex Court in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, AIR 2009 SC 3104 .

(2.) THOUGH learned counsel contended that there being a deduction of Rs. 20/ - towards the benevolent fund and that the claimants have received certain sum from the benevolent fund and the same has to be deducted, I do not find any merit in the contention, since there is no evidence placed on record with regard to the sum received by the claimants under the said fund.

(3.) IN the result, the appeal is allowed in part. The impugned Judgment /Award is modified. The compensation payable by the appellant is determined at Rs. 8,91,300/ -, which shall carry interest at 6% p.a. from the date of filing of claim petition till the date of deposit.