DIVISIONAL MANAGER Vs. TOUSIF HUSENKHAN PATHAN AND ANOTHER

JUDGEMENT

(1.) This appeal and cross- objection are arising out of the judgment and award dated 3-8-2010 passed in MVC No. 41/2010 on the file of MACT-II, Ballari.

(2.) The undisputed facts are that, the claimant Shaikshavali's mother Shekamma died in a road traffic accident dated 21-9-2009 at about 3.30 p.m. The said accident is caused due to rash and negligent driving of the lorry bearing Regn. No.KA-36/2939 by its driver, which belongs to respondent No.1 and insured with respondent No.2 is also not in dispute. Thereafter, in the proceedings initiated by the petitioner seeking compensation for the death of his mother, the Court below has taken the income of the deceased notionally at Rs. 3,000/- p.m. and by deducting 1/3rd towards her personal expenses proceeded to take 2/3rd as income available to the dependent and awarded compensation in a sum of Rs. 3,63,500/-. The respondent-insurer though accepted the accident and death of Shekamma did not accept the compensation awarded by taking notional income at Rs. 3,000/- and awarding compensation under the head loss of dependency to the sole petitioner, who is none other than son of the deceased.

(3.) The grievance of the insurer is that the total compensation awarded is in a sum of Rs.3,63,500/-, the compensation awarded towards loss of dependency is Rs. 3,36,000/-. He would bring to the notice of this Court that claimant is gainfully employed and he was not depending on his mother and besides mother and son there are no other persons in the family. According to him, the claim of the claimant could not be considered beyond the scope of awarding compensation under the head loss of estate, loss of love and affection and the amount spent towards obsequies. Since the claimant himself having employed on his own, he is not depending on his mother. However, on service of notice to the respondent in the appeal filed by the insurer, he has preferred a cross-objection seeking enhancement of compensation on the ground that notional income taken at Rs. 3,000/- p.m. to a person who died in a road traffic accident in the year 2009 is on the lower side and it should have been taken at least in the range of Rs. 5,000/- p.m., which is normally considered for the accident occurred during the said period. Further, he would state that though the claimant is gainfully employed and since he is unmarried, there is some amount of dependency on his mother, for which, the compensation is required to be calculated on the basis of loss of dependency also.