V K DEVASSY; CICILY, WIFE OF V K DEVASSY; LINCY Vs. A A AUGUSTINE; SHAJU JOSEPH; NATIONAL INSURANCE COMPANY LIMITED; SUBRAMAHNIAN, SON OF SREEDHARAN

JUDGEMENT

(1.) The parents and three sisters of a unmarried youth died in a motor vehicle accident, who were claimant before the Tribunal, are in appeal seeking enhancement of the compensation awarded. The accident occurred when a Bus dashed against a jeep in which the deceased was traveling . The driver of the jeep also succumbed to the injuries sustained. The deceased was aged 21 years at the time of the accident. According to the appellants the deceased was conducting his own Bus service in which he also was working as Driver. The claim was that the deceased was earing an amount of Rs.600/- per day. Pw3, who is alleged to be the conductor in the Bus service was examined.But the Tribunal adopted monthly income of the deceased at Rs.1,500/- (Rupees One Thousand and Five Hundred only). Considering age of the deceased, the Tribunal adopted multiplier of 13. After deducting 1/3rd for personal expenses net income of Rs.1,000/- (Rupees One Thousand only) was adopted for computation. But considering age of the mother, who was at 48 years, and considering probability of the deceased getting married after a period of 7 years, if he would have been alive, full loss of dependency was granted only for a period of 7 years and 50% was reduced for the remaining 6 years. Tribunal allowed a total compensation of Rs.1,48,500/- (Rupees One Lakh Forty Eight Thousand and Five Hundred only).

(2.) Heard learned counsel for the appellants and standing counsel for the third respondent Insurance Company. Contention of the appellants is that the income adopted by the Tribunal is highly unrealistic and inadequate. It is contended that there is no specific reason for discarding evidence with respect to income of the deceased.

(3.) We notice that inspite of the claim that the deceased was owner cum driver of a Bus service, no documentary evidence was produced in order to substantiate such a claim. At the same time oral testimony of Pw3 cannot be discarded in total. However considering the fact that the the driving license of the deceased was produced as Ext.A7 and considering testimony of the Pw3, we are persuaded to re-fix income of the deceased at Rs.3000/- (Rupees Three Thousand only).After deducting 1/3rd for personal expenses the net income can be adopted as Rs.2,000/- (Rupees Two Thousand only). The loss of dependency can be computed at the full net income for a period of 7 years and at 50% for a further period of 6 years. Thus the amount of compensation under the head of loss of estate and dependency is refixed as Rs.2,40,000/- (Rupees Two Lakhs and Forty Thousand only) [2,000 X 12 X 7+ 1,000 X 12 X 6].This will entitle the appellants for an enhancement of the compensation by a sum of Rs.1,20,000/- (Rupees One Lakh and Twenty Thousand only) [Rs.2,40,000 - Rs.1,20,000].