LAWS(KAR)-2016-2-431

LAXMAN Vs. SACHIN A KASHID AND ANOTHER

Decided On February 23, 2016
LAXMAN Appellant
V/S
SACHIN A KASHID AND ANOTHER Respondents

JUDGEMENT

(1.) Claimant in MVC No. 764/2012 on the file of Motor Accident Claims Tribunal No. XII, Bijapur (for short "MACT") aggrieved by the judgment and award dated 29-11-2013 has preferred this appeal for higher compensation.

(2.) In the accident that occurred on 4-3-2012 at 18:00 hours involving a motor vehicle the wife of the appellant succumbed to grievous injuries leading to filing a claim petition under Section 166 of the Motor Vehicles Act, 1988 for compensation.

(3.) Before the MACT it was established beyond doubt that the deceased was employed by the Education Department of the Panchayat of Pandarapur, drawing a monthly salary of Rs. 32,339/-. The deceased was aged 55 on the date of accident and death. The MACT reckoned monthly salary of the deceased as Rs. 14,998/- rounded it of to Rs. 15,000/- and deducted 50% towards personal expenses to arrive at Rs. 90,000/- and applying multiplier 11 determined compensation of Rs. 9,90,000/- towards loss of dependency, to which was added Rs. 10,000/- towards loss of expectation of life; Rs. 36,900/- towards Medical Expenses; Rs. 10,000/- towards loss of love and affection; Rs. 5,000/- towards funeral expenses, totaling to Rs. 10,51,900/- with interest at 6% p.a. by the judgment and award impugned.