APPASAHEB Vs. DINAKAR

JUDGEMENT

(1.) THE claimants/appellants are before this Court seeking enhancement of compensation as against the sum awarded in MVC No.682/2005.

(2.) THE claimants/appellants are the parents of the deceased. The tribunal , after reckoning the income of the deceased at Rs.3,000/ - per month has deducted 50% towards personal expenses and has thereafter applied the multiplier 14 which is relevant to the age of the mother i .e., the 2nd claimant and has awarded the compensation of Rs.2,52,000/ - under the head ' loss of dependency' . In addition, a sum of Rs.35,000/ - has been awarded under the conventional heads. In all a total compensation of Rs.2,87,000/ - has been awarded.

(3.) THE learned counsel for the appel lants while seeking enhancement would contend that in order to apply the multiplier, the age of the deceased ought to have been taken into consideration in view of the decision rendered by the Hon'ble Supreme Court in the case of M.Mansoor and another vs. United India Insurance Company Limited and another, 2013 AIR(SCW) 6497 It is also his case that the deduction at 50% is not justif ied and only 1/3rd of his income ought to have been deducted. Further, with regard to the income it is contended that the income of the deceased at Rs.3,000/ - as reckoned by the Tribunal by discarding the document at Ex.P.8 is not justi f ied. It is therefore contended that the compensation is required to be reworked and the just compensation is to be awarded.