GANGAMMA W/O THIMMAPPA Vs. B.C. SUHAS S/O B.S. CHIDANANDA REDDY, MAJOR, S.R. EXPRESS, H.P. OFFICE ROAD CHITRADURGA OWNER OF THE BUS BEARING NO. KA-16/C 4554, THE DIVISIONAL MANAGER ORIENTAL INSURANCE CO. LTD., ENKEY COMPLEX, KESHAVAPURA, HUBLI A

JUDGEMENT

(1.) PARENTS and younger brother of T. Devendrappa, filed claim petition under S.166 of Motor Vehicles Act, 1988, in the MACT, against the respondents - owner and insurer of the offending vehicle, claiming compensation of Rs. 14,00,000/ - for the death of their son T. Devendrappa, a teacher aged about 28 years, in a motor accident which occurred on 23.01.2007. Tribunal after considering the evidence, held that the deceased was aged about 28 years, his income was Rs. 8,404/ - p.m. and he was contributing 50% of his income to the claimants. Award for Rs. 6,55,088/ - with interest at 6% p.a. from the date of claim petition till the date of deposit was ordered to be paid by the respondents. This appeal is by the claimants seeking enhancement of compensation. Respondents have not questioned the impugned Judgment / Award directing them to pay the compensation, noticed supra.

(2.) SRI R. Shashidhara, learned counsel would contend that the deceased being employed in a Government School was drawing salary of Rs. 8,404/ - prior to death, as is evident from Ex. P5 and that he being aged about 28 years, had reasonable prospects of earning more by way of earning promotions, etc. Learned counsel submits that there being reasonable prospects of higher earning, 50% of the income has to be added to the income of the deceased as on the date of accident, in terms of the decision in the case of Smt. Sarla Verma and Others Vs. Delhi Transport Corporation and Another, AIR 2009 SC 3104 . Learned counsel submits that the sum awarded by the MACT is neither just nor reasonable and hence, interference in the matter is called for.

(3.) TRIBUNAL based on Ex. P6 has held that the deceased, a bachelor and a teacher, was earning Rs. 8,404/ - p.m. 50% of the amount was deducted towards personal expenses of the deceased. Multiplier of 12 was applied with reference to the age of younger parent and loss of dependency was determined at Rs. 6,05,088/ -.