KALEGOWDA AND ORS. Vs. PELEX DISOJA AND ORS.

JUDGEMENT

(1.) THE claimants in MVC No. 599/2008 (1781/2008) on the file of MACT, Arkalgud have come up in this appeal seeking enhancement of compensation for the death of Manjukumara @ Kumara who died in a road traffic accident dated 24.07.2008 involving tempo bearing registration No. KA 19 B 5191 which was driven by the deceased and the private bus bearing registration No. KA 19 B 2369. The accident is not in dispute. So also the death of Manjukumara in the aforesaid accident due to injuries suffered therein.

(2.) IN the claim petition filed by the parents, widow and children of deceased Manjukumara the tribunal on appreciation of the pleadings, oral and documentary evidence available on record proceeded to award compensation to the claimants in a sum of Rs. 4,88,000/ - payable with interest at 6% and liability to pay the said amount being apportioned against the second and 4th respondent in the court below was not accepted by the claimants on the ground that the compensation awarded is meager compared to the income that was earned by the deceased. Therefore, they have come up in this appeal seeking enhancement.

(3.) IN the instant case the claimant being aged about 34 years and having died leaving him surviving his wife and children the court below ought to have taken the future prospects also while considering their case for awarding compensation under the head loss of dependency. In that view of the matter, this court feel that another 50% is required to be added towards loss of future prospects. With this the notional income of the deceased would be Rs. 7,500/ - p.m. Out of that if 1/3rd is deducted towards the personal expenses, the loss of dependency to the family is as under : 7,500 x 12 x 19,000 (3/4th of Rs. 64,500/ -). If the same is multiplied by appropriate multiplier '15' as the age of the deceased was 34 years at the relevant time, the loss of dependency is 10,80,000/ -. In addition to that the claimants are also entitled to revised compensation in a sum of Rs. 1,00,000/ - towards conventional heads as against Rs. 40,000/ - awarded by the tribunal. With this the revised compensation which the claimants are entitled to is Rs. 11,80,000/ - as against Rs. 4,88,000/ - awarded by the tribunal. In other words the enhanced compensation for which the claimants are entitled to is Rs. 5,92,000/ - inclusive of interest which shall be payable by the respondent Insurance Company.