DIVISIONAL MANAGER NATIONAL INSURANCE CO. LTD. REPRESENTED BY ASSISTANT MANAGER Vs. SHANKER RAO, PARWATIBAI, TIRUPATI AND TANAJI

JUDGEMENT

(1.) THIS appeal though listed for orders, with the consent of the learned counsel for the parties, is finally heard and disposed of by this judgment. I.A. No. 1/2012 is filed to condone the delay of 840 days in preferring the appeal calling in question the judgment and award dated 03.02.2010 in MVC No. 175/2008 of the Civil Judge (Senior Division) and Additional MACT, Basavakalyana. In the affidavit accompanying the application, it is stated that the appellant's advocate Sri Prabhakar D. Garje when entrusted to appear in MVC No. 175/2008, did not furnish certified copies of the judgment and award impugned, for a period of two years and four months after 03.02 2010, hence, the delay. In addition, it is stated that a fraud was unearthed in the matter of collusion between the claimants, driver and owner of the offending motor vehicle insured by the appellant.

(2.) SRI Prabhakar D. Garje, Advocate, when called upon to file his explanation over the allegation against him in the affidavit, submitted a memorandum of facts which when considered today, the following order 13 passed: Sri Prabhakar D. Garje, Advocate, who represented the insurance company before the MACT, files memorandum of facts furnishing the explanation for delay in obtaining (on 22.05.2012) the certified copy of the judgment and award dated 03.02.2010 in MVC No. 175/2008. The reason is that he was suffering from hypertension and diabetes ever since 22.02.2010 and was under treatment.

(3.) HAVING examined the judgment and award impugned, the MACT adopted a perverse procedure in reckoning Rs. 7,662/ - as the monthly income of the deceased - Vishal, a Police Constable in the State Constabulary, which amount was doubled over to arrive at Rs. 14,484/ - and deducting 1/3rd towards personal expenses, the monthly income from salary was arrived at Rs. 9,656/ -, to which was added 1/3rd of Rs. 1,692/ - i.e., Rs. 1,128/ - being life pension awarded to the deceased while serving the defence as certified in Ex.P8 and that Rs. 10,784/ - was the monthly loss of dependency, while the annual loss of dependency was Rs. 1,29,408/ - to which was applied multiplier 14, the age of the mother, the younger of the parents to award Rs. 18,11,712/ - towards loss of dependency. To this was added Rs. 30,000/ - under the conventional heads and the total compensation awarded was Rs. 18,41,712/ - with interest at 6% per annum from the date of petition till realization.