M.R. NARAYANA Vs. THE MANAGER THE UNITED INDIA INSURANCE CO. LTD., VENKATESHVARA BUILDING AND K.S. MADAN S/O NARAYANA

JUDGEMENT

(1.) THIS is claimants' appeal against the judgment and award dated 1.6.2011 in MVC No. 37/2010 on the fife of the MACT, Arkalgud seeking enhancement of compensation. On appreciation of the evidence on record, the Tribunal has awarded compensation of Rs. 4,60,000/ - with interest Unsatisfied with the same, claimants are before this Court.

(2.) CLAIMANTS are the legal representatives of the deceased. The deceased had suffered grievous injuries in a road accident that occurred on 24.10.2009 and he succumbed to the injuries during the pendency of the claim petition. That is how, the legal representatives of the deceased claimant were brought on record. The Tribunal has treated the legal representatives as the dependants of the deceased and by taking the income of the deceased at Rs. 3,000/ - p.m. and giving 1/3rd deduction towards his personal expenses, has calculated the compensation towards loss of dependency at Rs. 3,60,000/ -. The accident is of the year 2009. Even taking the income of a Coolie in the year 2009, it could not have been less than Rs. 4,500/ - p.m. and since there are five dependants, the deduction should have been 1/4th and not 1/3rd. Hence, the claimante are entitled for Rs. 3375 x 12 x 15 - Rs. 6,07,500/ - towards loss of dependency as against Rs. 3,60,000/ - awarded by the Tribunal, hence, additional compensation of Rs. 2,47,500/ - is awarded under this head. Though the Tribunal has accepted the medical bills for Rs. 64,503/ -, but has reduced the same to Rs. 45,000/ -. In my opinion, claimants are entitled for additional compensation of Rs. 20,000/ - towards medical expenses of the deceased. In all, the claimants are entitled to compensation of Rs. 2,67,500/ - rounded off to Rs. 2,68,000/ - over and above the compensation awarded by Tribunal, with interest.