ANANDIBAI DAVID GAIKWAD Vs. KASHINATH TIKU RATHOD

JUDGEMENT

(1.) The claimants in M.V.C.No.1403/2012 on the file of the IV Addl. District Judge, Belagavi, have filed this appeal seeking enhancement of the compensation awarded by the Tribunal.

(2.) The contextual facts are that the claimants are the wife and children of Mr.David Gaikwad who suffered injuries in a road accident on 5/6/2012 when he was riding a motor cycle bearing registration No.KA-22/EC- 3547 which was rear ended by a truck bearing registration No.KA-32-B/2698. The said Mr.David suffered injuries and was treated at District Hospital, Belagavi, and thereafter at KLE Hospital, Belagavi, where they supposedly spent Rs.2,00,000.00. However, he succumbed to the injuries. They claimed that Mr.David was aged 70 years and had retired as the Principal of a PU College and was drawing a pension of Rs.17,509.00 p.m. After retirement, the deceased was working on honorarium as a Principal and was drawing a salary of Rs.10,000.00 p.m. They claimed as a result of the death, they had lost the financial support of Mr.David and hence, claimed compensation of Rs.20.00 lakhs.

(3.) The claim petition was resisted by the owner of the offending vehicle as well as the Insurer. The claimant No.1 was examined as PW-1 and she marked Ex.P.1 to Ex.P.14(A) while the copy of the insurance was marked as Ex.R.1. Based on the oral and documentary evidence, the Tribunal held that the claimant No.1 is entitled to the family pension after the death of Mr.David and that the loss of pensionary benefits cannot be taken into consideration for the grant of compensation. It also held that the claimants did not produce any material to establish that the deceased was drawing honorarium of Rs.12,000.00 p.m. and taking into consideration the fact that he was employed on honorarium, the Tribunal considered the income of the deceased at a sum of Rs.10,000.00 p.m. and deducted 1/3rd towards his personal expenses. Since, the deceased was 70 years, it did not factor loss of future prospects and hence, awarded the following compensation: <IMG>JUDGEMENT_314_LAWS(KAR)10_2022_1.jpg</IMG>