SMT. N. BANUMATHI, KUM. SOMALAKSHMI, SMT. S. SUNDARAVALLI AND SRI. SAMUTHIRA PANDIAN Vs. SMT. REKHA ANAND, THE ORIENTAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS MANAGER AND K.S. GANDHI

JUDGEMENT

(1.) THIS appeal by the claimants is arising out of the impugned judgment and award dated 29.4.2010 passed in MVC No. 11/2008 on the file of the Presiding Officer, Fast Track Court -V and Motor Accident Claims Tribunal, Mysore (hereinafter referred to as 'Tribunal' for short). By its judgment and award, the Tribunal has awarded a sum of Rs. 19,17,000/ - with interest at 6% p.a., from the date of petition till it's realization as against the claim made by the appellants, on account of the death of Kamaraj in the road traffic accident. The appellants contending that the compensation awarded is inadequate and requires enhancement, have filed the present appeal.

(2.) BRIEF facts of the case are that the appellant No. 1 is the wife, appellant No. 2 is the minor daughter and appellant Nos. 3 and 4 are the parents of the deceased Kamaraj. The appellants filed the claim petition under Section 166 of the MV Act claiming compensation against the insurer and owner of the offending vehicle contending that the deceased was aged about 31 years, hale and healthy at the time of the accident. He was working as a Supervisor at Chamundi Textiles (Silk Mills) Limited drawing salary of Rs. 14,000/ - per month. He was the only earning member in the family. On account of untimely death of the deceased, appellant No. 1 has lost her life partner, appellant Nos. 2 to 4 have lost love and affection of the deceased. The untimely death of the deceased has affected social and economic condition of the family. The deceased used to spend entire income to the family. Taking all these aspects into consideration, the appellants filed the claim petition contending that due to rash and negligent driving by the driver of the Toyota Qualis Car bearing No. KA -21 -MA -100, the deceased sustained fatal injuries and succumbed to injuries.

(3.) LEARNED counsel appearing for the appellants submits that, the Tribunal has not awarded reasonable compensation towards less of dependency. It has awarded compensation of Rs. 15,91,104/ - towards loss of dependency, which is on the lower side. He submitted that the deceased was aged about 31 years at the time of accident and was working as a Supervisor at Chamundi Textiles (Silk Mills) Ltd., drawing salary of Rs. 14,000/ - per month. He was the only earning member in the family looking after his wife, minor daughter, parents and his brother. Further, relying on the judgment reported in : 2012 AIR SCW 2892 in the case of Santosh Devi v. National Insurance Company Ltd. and Ors., he submits that, while calculating the income of the deceased the future prospects at 30% may be added to the income for calculating loss of dependency and re -determine the compensation by awarding reasonable compensation, modifying the impugned judgment and award passed by the Tribunal.