RATANAVVA Vs. VEERESH S/O SHIVAPPA SULI

JUDGEMENT

(1.) The appellants who are the claimants before the Tribunal in M.V.C.No.454 of 2014 are before this Court seeking enhancement of the compensation as against the sum awarded by the Tribunal.

(2.) The husband of the first appellant and the father of the appellants No.2 and 3 expired in the accident, which occurred on 07.06.2014. The claimant No.4 is the mother of the deceased. In respect of the same the claimants were before the Court below seeking compensation. It was contended therein that the deceased was working as a coolie and was earning about Rs.10,000/- per month. The Tribunal having referred to the evidence available before it was of the opinion that there is no sufficient material to indicate the claim relating to the income as put forth in the claim petition. In that view the notional income of Rs.6,000/- per month was taken into consideration and the compensation was awarded at Rs.9,18,000/- under the head 'loss of dependency'. The appellants contend that the consideration as made by the Tribunal is not justified and the income as reckoned is not appropriate. It is in that view, the appellants seek enhancement of the compensation.

(3.) In that regard having perused the judgment rendered by the Court below and also on taking note that in the absence of appropriate evidence the notional income is to be taken into consideration, the method as adopted by the Tribunal cannot be said to be erroneous. However, keeping in view that the accident had occurred in the year 2014, this Court in all similar cases where there was no documentary evidence for income has reckoned the notional income at Rs.7,500/- per month. If that be the position, in the instant case also a similar yardstick is required to be adopted. Accordingly the income of the deceased is taken at Rs.7,500/- per month and after deducting 1/4th towards personal expenses and on applying the other parameters as taken by the Tribunal, the compensation under the head 'loss of dependency' would be in a sum of Rs.11,47,500/- [(Rs.7,500 x 3/4th = Rs.5,625) Rs.5,625 x 12 x 17]. Since the Tribunal has awarded a sum of Rs.9,18,000/-, the claimants would be entitled to enhanced compensation of Rs.2,29,500/- under the said head. In addition, a sum of Rs.30,000/- is awarded towards the short fall under the conventional heads.