CHANDRAMMA W/O LATE LOKESH Vs. THE BRANCH MANAGER THE ORIENTAL INSURANCE CO. LTD., C. NANJAPPA COMPLEX HASSAN - 573201 AND A. NAGARAJ S/O LATE M.R. ADIKALAM NO. 309:6(SIC), KRISHNAVILAS ROAD, MYSORE - 570001

JUDGEMENT

(1.) WIFE and mother of deceased Lokesh are the appellants. The claim petition filed by them in the MACT under S.166 of Motor Vehicles Act, 1988 was allowed in part. Compensation of Rs. 4,77,000/ - with interest at 6% p.a. was ordered to be paid by the respondents, the insurer and owner of the offending vehicle. The respondents have satisfied the award passed by the MACT. This appeal is for enhancement of compensation by the claimants. Smt. Kavitha H.C., learned Advocate contended that the deceased was aged about 20 years, was doing agricultural work and earning Rs. 6,000/ - p.m. Learned counsel submits that, as against credible evidence of PW -1, there being no rebuttal evidence by the respondents, Tribunal has committed error in taking the income of the deceased at Rs. 3,000/ - p.m. and in deducting 1/3rd towards personal expenses of the deceased and in assessing the loss of dependency at Rs. 4,32,000/ -. Learned counsel submitted that, when the claim petition was filed, even father of the deceased was alive and in the circumstances, 1/4th ought to have been deducted towards personal & living expenses of the deceased. Learned counsel submits that there is need for re -assessment of compensation.

(2.) SRI K.K. Vasanth, learned advocate for the respondent - Insurance Company, on the other hand, would contend that there is no credible evidence with regard to the avocation and income of the deceased and hence, the Tribunal is justified in taking the income of the deceased at Rs. 3,000/ - p.m. Learned counsel submitted that the deceased having left behind only two dependents, father of the deceased having died during the pendency of the claim petition, Tribunal is justified in deducting 1/3rd of the income towards personal and living expenses of the deceased and taking loss of dependency at Rs. 24,000/ - p.a. and in determining the compensation payable accordingly. Learned counsel seeks dismissal of the appeal.

(3.) DECEASED was aged 20 years at the time of death. He was hale and healthy and an able bodied person. He was doing agricultural work. Even in the absence of credible evidence with regard to avocation and earnings of the deceased, Tribunal ought to have taken his income at Rs. 4000/ - p.m. or Rs. 48,000/ - p.a., since the accident occurred on 09.03.2008. An agricultural coolie can earn Rs. 48,000/ - p.a. Dependents being two in number, Tribunal is justified in deducting 1/3rd of income towards personal and living expenses of the deceased. Loss of dependency ought to have been determined at Rs. 2667 x 12 x 18 = Rs. 5,76,000/' - and under the conventional heads, Rs. 40,000/ -ought to have been added. There is under -assessment of loss by the MACT.