SHINY Vs. SISUPALAN

JUDGEMENT

(1.) The appellants are the unfortunate widow, minor children and parents of one Jaimy Mathew who met with his death in a road traffic accident on 29/9/1999. Allegedly while the deceased was riding a motor cycle, he was hit down by a Maruti car driven by the first respondent. Allegedly the accident occurred while the maruti car was overtaking a KSRTC bus proceeding ahead. The deceased was attempting to enter a pocket road on the right side. The learned Tribunal found that the accident had occurred due to the negligence of the car driver (R1) and the driver of the K.S.R.T.C. bus, their contribution being 3:1. Against the claim of Rs. 7 lakhs, the learned Tribunal has awarded a sum of Rs. 2,61,000/- under various heads. The adequacy of compensation is under challenge in this appeal.

(2.) We have heard the Learned Counsel for the appellant and the Learned Counsel for the 3rd respondent - Insurance Company and the Learned Counsel for the respondent - K.S.R.T.C. We have also perused the impugned award.

(3.) Allegedly the deceased was a wiring contractor aged 34 years at the time of the accident. According to the appellants, the deceased was earning a monthly income of Rs. 8,000/- . The learned Tribunal for fixing the dependency compensation adopted the monthly income of the appellant at Rs. 2,000/- which according to the Learned Counsel for the appellant is too low. We notice that the accident was in the year 1999 and the deceased was aged 34 years. So presumably the deceased might have earned at the rate of Rs. 3,000/- by engaging himself in any job or profession. As the deceased was only 34 years old, the correct multiplier applicable to the age group is 16. One-third of the income has to be deducted in consideration of the expenses which the deceased would have incurred had he been alive following the principles laid down by the Supreme Court in Sarla Verma v. D.T.C, 2009 6 SCC 121. When the dependency compensation is recalculated as above it will come to Rs. 3,20,000/- and as the learned Tribunal has awarded a sum of Rs. 2,43,000/- only as compensation for loss of dependency, the appellants become entitled to receive an additional sum of Rs. 77,000/- as dependency compensation.