BABY @ BABY VITHAL, W/O LATE BITHAL Vs. M. SHARIF S/O ANJUM, MAJOR, NEAR R.R. MATCH FACTORY, CHIPPANAKATTE, HASSAN AND THE MANAGER, UNITED INDIA INSURANCE COMPANY, BRANCH OFFICE, POST BOX NO. 114, CRESENT COURT, K.M. ROAD, CHIKMAGALORE@RESPONDEN

JUDGEMENT

(1.) AGGRIEVED by the Judgment and award dated 28 -2 -2009 passed in MVC. No. 601/2008 by the Presiding Officer, Fast Track Court -3 and Additiona MACT, Hassan, the claimant has filed the present appeal seeking enhancement. The case of the claimants is that the deceased Vithal, is the husband of the first claimant and the father of claimants 2 & 3. That on 7 -1 -2008 when the deceased Vithal was travelling with his wife on a motorcycle bearing No. KA -13 -Q -4078 which was ridden by the deceased at about 6.15 p.m., when he was proceeding near Rajimane Cross, near Gulagalale village on N.H. 48, a Van bearing No. KA -13 -3388 driven in a rash and negligent manner dashed against the motorcycle, as a result of which the deceased and his wife fell down and the husband sustained fatal injuries and he died at the spot. The wife was taken to the hospital for treatment. Thereafter, she filed a claim Petition. The Tribunal by the impugned Judgment & award granted compensation of Rs. 1,45,000/ - with interest at the rate of 6% per annum from the date of the petition till the date of deposit. Dissatisfied with the quantum the present appeal is filed seeking enhancement.

(2.) HEARD counsels and examined the records.

(3.) THE Doctor in his evidence has stated that there is a fracture of ribs on right side, fracture of superior and inferior pubic ramus and fracture of right ulna. Accordingly, Ex. P -8 has been produced. The Doctor has however opined that there is a whole body disability to an extent of 30%. The Tribunal has taken a notional income of the claimant at Rs. 36,000/ - per annum. Keeping in view the nature of the accident and the date on which it has occurred it would be just and reasonable to hold the income of the claimant at a sum of Rs. 4,000/ - per month. Hence, the loss of earning capacity is calculated as follows: - Rs. 4,000 x 12 X 15 X10%= Rs. 72,000/ - .