EMINA PRAMILA AND ORS. Vs. RAMESH AND ORS.

JUDGEMENT

(1.) THIS is claimants' appeal filed against the impugned judgment and award dated 6th September 2013 passed in MVC No. 354/2012 on the file of the I Additional Senior Civil Judge and MACT -V at Davangere, (hereinafter referred to as 'Tribunal' for short), for enhancement of compensation.

(2.) THE Tribunal by its judgment and award has awarded a sum of Rs. 3,41,600/ - under different heads with interest at 6% per annum from the date of petition till the date of deposit, as against the claim of the claimants for a sum of Rs. 70 lakhs on account of the death of the deceased, late Sri L. Emanuel Peter, in the road traffic accident. In brief, the facts of the case are:

(3.) THE learned counsel appearing for the appellants at the outset submits that, as per the office records the deceased L. Emanuel Peter was born on 20.07.1966. Thus from the evidence of P.W. 2 and Ex. P17, it is proved beyond reasonable doubt that deceased was aged about forty six years at the time of his death and drawing a salary of Rs. 27,027/ - p.m. and had great future prospectus in his career. This aspect has not been taken into consideration by the Tribunal while awarding compensation. The Tribunal has committed an error in taking monthly income of the deceased at Rs. 27,027/ - as per salary certificate produced at Ex. P17 and Ex. P19 and every year there will be increase of 3% in his basic salary and once in three months there will a raise in Dearness Allowance and almost once in seven years there will be promotion. Claimant No. 1 Smt. Emina Pramila being the wife of deceased was employed as a Government teacher and getting salary of Rs. 22,000/ - and thus is entitled to the extent of 1/4 salary of her deceased husband towards loss of estate. It is relevant to note that merely because the Claimant No. 1 is working as a government teacher and drawing a salary of Rs. 22,000/ - it is not a ground to award less compensation due to the accidental death of her husband. Therefore, the impugned judgment and award passed by the Tribunal is liable to be modified.