LAWS(KAR)-2013-6-185

BABU ALIAS SYED SAMIULLA, FAIYAZ UNNISA, BASHEER UNNISA AND SYED FAZIL Vs. MOHAMMED AMIR AND THE MANAGER, NATIONAL INSURANCE CO. LTD.

Decided On June 24, 2013
Babu Alias Syed Samiulla, Faiyaz Unnisa, Basheer Unnisa And Syed Fazil Appellant
V/S
Mohammed Amir And The Manager, National Insurance Co. Ltd. Respondents

JUDGEMENT

(1.) THE matter is listed for admission. Lower court records are received. With the consent of learned counsel for parties, the matter is taken up for final disposal. This is a claimants' appeal for enhancement of compensation.

(2.) I have heard learned counsel for parties.

(3.) THE evidence on record discloses that deceased was aged about 18 years at the time of accident. Therefore, I determine his income at Rs. 3,000/ - per month. The other facts not being in dispute, claimants would be entitled to compensation of Rs. 3,84,000/ - towards 'loss of dependency', a sum of Rs. 15,000/ - towards 'medical expenditure' and a sum of Rs. 4,500/ - under conventional heads. Thus, claimants are entitled to total compensation of Rs. 4,03,500/ -. In the result, I pass the following: ORDER (i) The appeal is accepted in part. (ii) The impugned award is modified by enhancing compensation of Rs. 3,64,000/ - to Rs. 4,03,500/ - (iii) The rest of the impugned award as it relates to rate of interest, period of accrual of interest and ratio of apportionment, payment and investment is confirmed.