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Judgment
B. Manohar, J.—The Appellants claimants being not satisfied with the quantum of compensation awarded by the MACT, Bangalore dt. 11.1.2007 made in MVC No. 8092/05 on the file of the Motor Accident Claims Tribunal (for short ''MACT''), Bangalore, have filed this appeal seeking for enhancement of the compensation.
The brief facts of the case are as follows:
The claimants are the wife and children of deceased Devaraju who died in the road traffic accident occurred on 6.9.2005 at about 11.00 p.m. while he was going along with the pillion rider in his motor cycle, on the left side of N.H. 48, near J.J. Dhabha at Solur, a bus bearing regn. No. EA-21-A-3555 came in a high speed in a rash and negligent manner and dashed against the said motor cycle. Due to the accident, Devaraju died on the spot and (sic) rider got injured. The widow and children have filed the claim petition claiming compensation contending that the deceased was working at Sonal Garments and getting a salary of RS. 12,000/-, be was aged about 28 years and sought for the compensation of Rs. 20,00,000/-. The MACT, on considering the oral and documentary evidence taking into consideration the salary of the deceased at Rs. 5000/- deducting 1/3 towards his personal expenditure and also considering his age as 28 years, awarded Rs. 6,40,128/- towards loss of dependency and Rs. 15,000/- towards transportation of the dead body, Rs. 15,000/- towards loss of consortium, Rs. 15,000/- towards love and affection and Rs. 15,000/- towards loss to estate. In all a sum of Rs. 7,00,128/- which, is rounded off to Rs. 7,00,100/- in favour of the claimants. Being not satisfied with the quorum of compensation awarded by the MACT, the claimants have preferred this appeal.
On hearing the arguments of the learned Counsel for both the parties, we find that the MACT has not taken into consideration. Ex. P21 the salary certificate of the deceased. The deceased was earning a salary of Rs. 8,000/- p.m. Further, the Tribunal without taking into consideration the salary certificate, has taken the monthly salary of the deceased at Rs. 5000/-, deducting 1/3 towards the personal expenditure awarded compensation which is contrary to law opinion, the claimants are entitled for an higher compensation. Taking into consideration the salary of the deceased as Rs. 8,000/- deducting and towards his personal expenditure since the dependents are wife children and the father and mother of the deceased, the annual income of the deceased censes to Rs. 72,000/-. Since the deceased is aged about 28 years, the multiplier applicable is 17 and loss of dependency comes to about Rs. 12,24,000/-. Further a sum of Rs. 40,000/- is awarded Awards conventional heads, Thus, the claimants are entitled for a sum of Rs. 12,64,000/-.
Hence, the claimants are entitled for a compensation of Rs. 12,64,000/-, If we deduct Rs. 7,00,100/- the compensation awarded by the MACT, the claimants are entitled for the enhanced compensation of Rs. 5,63,900/- with interest at the rate of 6% p.a. from the data of petition till the date of realisation.
According, the appeal is allowed-in-part The claimants are entitled for the enhanced compensation of Rs. 5,63,900/- with interest at 6% p.a. from the date of petition till the date of realisation.
Out of the enhanced amount, a sum of Rs. 50,000/- is apportioned in favour of the father of the deceased with accrued interest.
Out of the remaining amount, a sum of Rs. 1 lakh each with interest accrued thereon is ordered to he deposited in any Nationalised Bank in the name of the widow for a period of 5 years and of miner children till they attain the age of 21 and their mother is entitled to withdraw the periodical interest.
Rest of the amount fee rebased to the claimants.