JAYANTHI Vs. P.S.VISHWAS

JUDGEMENT

(1.) HEARD learned counsel on both sides and perused the judgment dated 21.03.2012 passed in MFA.No.3331/2010.

(2.) APPEAL filed by the petitioner seeking enhancement of compensation was allowed in part and compensation payable was determined at Rs.12,00,425.00 with interest at 6% p.a. from the date of filing of claim petition till deposit.

(3.) HUSBAND of the petitioner met with a motor vehicle accident, sustained fatal injuries and succumbed. Petitioner and his mother-in-law i.e., mother of the deceased, filed a claim petition under Section 166 of MV Act against the respondents, owner and insurer of the offending vehicle. The deceased at the time of death was a teacher in a Government School and his income was ascertainable. During the pendency of the matter before the Tribunal, mother of the deceased passed away and the claim petition was prosecuted by the present petitioner. Deceased being aged about 45 years, his income was taken at Rs.10,500.00 p.m. and loss of dependency was determined at Rs.10,92,000.00. By adding the sums under the conventional heads, award for Rs.11,27,000.00 with interest was passed. Said award was not questioned by the respondents. Seeking enhancement of the compensation amount, the said appeal was filed and was allowed in part and the award was modified by determining the compensation payable at Rs.12,00,425.00 with interest.