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Judgment
The matter is listed for orders. With the consent of learned Counsel for parties, it is taken up for final disposal.
For the reasons stated in Misc. Cvl. 77/2009, delay of 322 days in filing the appeal is condoned.
This is a claimants appeal for enhancement of compensation.
Heard Sri R. Chandra Shekar, learned Counsel for claimant and Smt. H.R. Renuka, learned Counsel for Insurance Company.
The tribunal has awarded compensation of Rs,4,31,000/- under following heads:
1) Loss of dependency Rs.3,36,000/-
2) Loss of consortium Rs. 20,000/-
3) Funeral expenses Rs. 10,000/-
4) Loss of love and affection Rs. 30,000/-
5) Loss of estate Rs. 30,000/-
6) Transportation and Funeral Rs. 5,000/-
Total Rs.4,31,000/-
As per documentary evidence such as Election ID Card and Ration Card, deceased Veerappan was aged about 45 years. Therefore, the tribunal has rightly adopted 414'' multiplier. As regards the income of deceased, the tribunal taking into consideration the age and avocation of deceased and evidence adduced by claimants, has determined the income of deceased at Rs. 3,000/- p.m., which in my opinion does not call for interference. As regards the deduction towards personal and living expenditure, I am of the opinion that deceased had five Defendants to care for. Therefore, 1/4th of the income of deceased has to be deducted towards his personal and living expenditure. Thus, capitalised loss of dependency would be Rs.3,78,000/- (Rs. 3,000 x 12 x 14 x 2/4). Having regard to the number of dependants, the tribunal has awarded compensation of Rs, 95,000/- under conventional heads. As there is no appeal by the Insurance Company, I cannot reopen this finding.
Thus, claimants are entitled to total compensation of Rs. 4,73,000/-.
In the result, I pass the following order:
The appeal is accepted in part. The impugned award is modified. Compensation of Rs. 4,31,000/- awarded by the tribunal is enhanced to Rs. 4,73,000/-. The rest of the impugned award as it relates to rate of interest, period of accrual of interest and liability of Respondents is confirmed. However, the interest for the delayed period of 322 days is disallowed. The payment and investment shall be in the ratio evolved by the tribunal. Parties are directed to beer their costs.