KASHINATH Vs. SHIDDESHWAR

JUDGEMENT

(1.) The claimants are before this Court in this appeal seeking enhancement of compensation granted under judgment and award dated 20.11.2012 in MVC No.1551/2011 passed by the Motor Accident Claims Tribunal and Fast Track Court-I/II, Bijapur.

(2.) The claimants are parents of deceased Laxman who died in a motor vehicle accident on 22.09.2011. On 22.09.2011 when the deceased was proceeding on motorcycle bearing No.MH-45/G-4804, a Tata Ace vehicle bearing No.MH-45/A-3437 came from opposite direction in rash and negligent manner and dashed to the deceased, due to which the deceased Laxman sustained injuries and died on the spot. The claimants stated that the deceased was working in Spinning Mill and earning Rs.8,000.00 per month, which he used to contribute to the family. He was aged about 30 years as on the date of occident and he was a bachelor. The Tribunal based on the evidence on record awarded total compensation of Rs.2,70,000.00 to the claimants taking income of the deceased at Rs.3,000.00 per month and applying multiplier 14.

(3.) Heard the learned counsel for the appellants and the learned counsel for respondent No.2/insurance company. The learned counsel for the appellants submits that the income of Rs.3,000.00 per month taken to determine the compensation by the Tribunal is on the lower side and she submits that the Tribunal ought to have taken minimum at Rs.6,000.00 per month as notional income of the deceased. She further submits that the deceased was working in Spinning Mill and was earning Rs.8,000.00 per month. But the claimants could not produce any document to show that the deceased was earning Rs.8,000.00 per month. In the absence of any material, the Tribunal has taken income of the deceased at Rs.3,000.00 per month. The learned counsel for the appellants submits that the multiplier taken at 14 is not proper, as the deceased was 30 years as on the date of accident. The appropriate multiplier would be 17. Further it is submitted that the compensation awarded on conventional heads is also on the lower side.