REMEDINA VAZ Vs. ADIVAPPA BASAPPA HARIJAN

JUDGEMENT

(1.) Heard Mr Milton Marshal for the appellants, Mr Rohit Pednekar for respondents no.1 and 2 and Mr A.R.S. Netravalkar for respondent no.3.

(2.) The appellants, widow and daughters of late Alex Vaz, who died in a vehicular accident on 30/3/2014, appeal the Judgment and Award dtd. 14/1/2020 by which the Tribunal has awarded them compensation of only Rs.3,07,600.00 with interest @ 6% p.a.

(3.) Mr Marshal, the learned counsel for the appellants/ claimants, submits that the evidence on record established the deceased's income of at least Rs.15,000.00 per month. Besides, he pointed out that no award was made towards the consortium regarding each claimant at the rates prescribed in National Insurance Company Ltd. vs. Pranay Sethi and Ors., (2017) 16 SCC 680 and Anjali vs. Lokendra Rathod - Civil Appeal No.009014 of 2022 decided by the Hon "?ble Supreme Court on 6/12/2022. Even compensation towards loss of estate and funeral expenditure is not in terms of these two decisions. He, therefore, submitted that the compensation should be determined as at least Rs.13,53,000.00 based on the deceased's monthly income being Rs.15,000.00. Mr Marshal relied on Shivakumar M. vs. Managing Director, Bengaluru Metropolitan Transport Corporation, (2017) 5 S.C.C. 79 and Janabai wd/o. Dinkarrao Ghorpade and Ors. vs. M/s. I.C.I.C.I. Lambord Insurance Company Ltd. - decided on 10/8/2022 in S.L.P. (CIVIL) No.21077/2019) to support his contentions.