MADHUKESHWAR, SMT. SABITHA ALIAS LATHA AND KUM. JYOTHI ILLIGERA Vs. SRI. SURESH AND THE ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) ONE Ajay Madhukeshwar Illigera aged about 22 years who had completed computer course at ANTS Animation Training School, Hubli has lost his life in the accident that occurred on 28.02.2010. Ex. P 13 is the certificate issued by ANTS Animation Training School, Hubli which reveals that the deceased had completed 3D Expert Program in Maya Specialist. The course fee for the program was Rs. 55,180/ -. Ex. P 14 the certificate issued by the said institution to the deceased shows that he had completed the course described as "Certificate Program in Maya Specialist" which was having 13 months duration. The said certificate was issued on 28th March, 2011. Ex. P11 and P12 are the marks cards issued by Kannada University, Hampi disclosing that the deceased had completed his Art education in first class. Ex. P 15 is the employment certificate issued by Karnataka Govt. Press, Kengeri, Bangalore on 25.02.2011 which discloses that the deceased was issued with the employment order and the said post was carrying salary of Rs. 13,000/ - per month including T.A. and D.A. The Tribunal has awarded compensation of Rs. 4,12,000/ - in total. This appeal is by the claimants praying for enhancement of compensation. Undoubtedly, the deceased was a bachelor. The claimants are his parents and unmarried sister. All of them are residents of Banavasi in North Canara District. The deceased was aged about 22 years. Ex. P13 and P14 clearly reveal that the deceased had completed Maya Specialist Animation Course. As aforementioned Ex. P15 is the letter of appointment dated 25.02.2011 issued by Karnataka Govt. Press, Bangalore.

(2.) UNFORTUNATELY , the appointment letter was disbelieved by the Tribunal on the ground that the employer is not examined in support of the said letter. The said reasoning cannot be accepted. The deceased was issued with the appointment order by the Karnataka Govt. Press, Bangalore vide Ex. P 15. The appointment order cannot be issued by the Government Press without there being an appointment. The appointment order clearly reveals that the deceased was interviewed on 23.02.2011 and thereafter appointment order was issued. Without there being valid appointment of any person, nobody can expect from a Government Organisation to issue appointment order falsely. The appointment order is duly signed by the Deputy Director of Government Press and the said order is numbered as Kasa:01:Anima:2011. However, we are of the considered opinion such appointment may be temporary in nature and no other material is produced to show that the deceased was appointed to a permanent post.. Be that as it may, the fact remains Ex. P15 appointment order was issued in favour of the deceased. Unfortunately, the deceased could not join for duty since he lost his life in the accident in 'question within 3 days from the date of issuance of appointment order. Rs. 13,000/ - was the salary fixed for the post to which the deceased was appointed including T.A. and D.A. Out of that deceased had to pay tax also. Having regard to payment of taxes which needs to be deducted we assess the income of the deceased at Rs. 10,000/ - p.m. 50% is to be deducted towards personal expenses of the deceased in as much he was a bachelor. The appropriate multiplier to be adopted is 13 having regard to the age of the youngest of the parents (who was 48 years at the relevant time). Based on the aforementioned facts and figures the claimants are entitled to Rs. 7,80,000/ - under the head "loss of dependency". In addition to that the claimants would be entitled to Rs. 50,000/ - under conventional heads. Thus, in all the claimants are entitled for a total compensation of Rs. 8,30,000/ -. Accordingly the following order is made. The appeal is allowed in part. The compensation is enhanced to Rs. 8,30,000/ - from Rs. 4,12,000/ -. The rate of interest, apportionment and deposit shall be in terms of the award of the Tribunal.