CHINNU POOJARTHI, W/O LATE SHYAMARAYA POJARI AND VASANTHI, D/O LATE SHYAMARAYA POOJARI Vs. SHEKAR POOJARI, S/O SUNDARA POOJARI

JUDGEMENT

(1.) LEARNED Counsel for the appellants prays for enhancement of compensation. Learned Counsel for respondent No. 2/Insurance Company submits that the Tribunal has awarded adequate compensation and there is no good ground made out for enhancement of compensation.

(2.) PERUSED the LCR. It is the case of the claimants that they are mother and sister of the deceased -Suresh Palan. He was admitted to Manipal Hospital at Bangalore, on 2.2.2004, but died on the next day. There is no dispute with regard to the finding recorded by the Tribunal on the point of negligence. In so far as the quantum of compensation is concerned, the Tribunal has fixed income of the deceased at Rs. 3,000/ - per month and applied multiplier '10' on the ground that the mother of the deceased was 60 years old. The Tribunal has not taken into account the age of the claimant's sister on the ground that she was married. The Tribunal has awarded compensation in favour of the claimant deducting 50% of the income towards personal expenses of the deceased as under: <FRM>JUDGEMENT_3170_TLKAR0_2012.htm</FRM> There is no material placed on record to show that the deceased was earning Rs. 5,500/ - per month as Manager in a Hotel. Keeping in view that the deceased was 32 years old and even if he had worked as a Coolie in the year 2004, he would have earned a sum of Rs. 4,500/ - per month. The deceased was a bachelor and therefore the Tribunal is justified in deducting 50% of the income towards personal expenses of the deceased. Thus, loss of dependency comes to Rs. 2,250/ - per month. In our view, the claimants are entitled for compensation as under: <FRM>JUDGEMENT_3170_TLKAR0_20121.htm</FRM>

(4.) IN the result, the Appeal is partly allowed holding that the appellant No. 1/mother of the deceased is entitled for additional compensation of Rs. 98,000/ - along with costs and interest at the rate of 6% per annum from the date of Petition till realisation. Accordingly, the impugned judgment and award are modified.