DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD. (NOW REPRESENTED THROUGH AUTHORISED SIGNATORY, NATIONAL INSURANCE CO. LTD.) Vs. BAYAMMA AND OTHERS

JUDGEMENT

(1.) THOUGH this appeal is listed for orders, with the consent of the learned counsel for the parties, is finally heard and disposed of by this order. The Insurance Company aggrieved by the common judgment and award dated 25th February, 2013 in MVC Nos. 588/2012 and 594/2012 of the Fact Track Court, Basavakalyan, Bidar district, in so far as it relates to MVC No. 588/2012 has presented this appeal on 5th February, 2013, accompanied by I.A. No. 1/2013 to condone the delay of 121 days.

(2.) IN the affidavit accompanying I.A. No. 1/2013 the Administrative Officer of the applicant states that though the Tribunal passed the orders on 25.02.2013, the counsel for the applicant filed an application for issue of certified copy of the said order on 01.06.2013 which was received on 10.06.2013 and forwarded along with his opinion. Thereafterwards, it is stated, that the file was sent from Gulbarga to Hubli Regional Office and according to norms the file was sent to their counsel in Hubli for opinion, after receiving the opinion and collecting all the papers, the same was entrusted to the counsel to prefer an appeal only a week ago. Hence the appeal together with an application.

(3.) BE that as it may, having examined the common judgment and award in so far as it relates to MVC No. 588/2012, the MACT extracted the head note of the decision in Fareeda and others v. Venkat Reddy and others, reported in 2012 Kant M.A.C. 64 (Kant), and jumped to the conclusion that the deceased Bheem, aged 40 years as on 12.06.2012, the date of accident and death,. was a Mason by occupation entitled to reckon Rs. 400/ - as the daily income and deducting 1/4th for his personal expenses arrived at Rs. 300/ - per day as the daily loss of dependency and the monthly loss as Rs. 9,000/ - and applied multiplier '15' to the annual loss, to award Rs. 16,20,000/ - towards total loss of dependency, to which was added Rs. 45,000/ - under the conventional heads to award Rs. 16,65,000/ - as the total compensation.