AI Structured Summary
Not yet generated for this judgment
Judgment
K. Govindarajulu
Though the matters had come up for admission, with the consent of both parties, it is taken for consideration on merits.
The legal representatives of one B.N. Nagaraj and the legal representatives of one Huchahanumaiah preferred MVC No. 6053/2007 and MVC No. 6054/2007 on the file of the MACT, Bangalore. They seek compensation for the death of said B.N. Nagaraj and Huchahanumaiah respectively as the case arises out of the same accident.
It is the case of the claimants that on 30.7.2007 at 11.30 p.m. when B.N. Nagaraj and Huchahanumaiah ware travelling as a cleaner and coolie in a Canter Lorry bearing registration No. KA 43 0338, the driver of the said lorry has driven the vehicle at high speed rashly negligently and dashed to a road side parked Sorry bearing registration No. KA 26 3716, Due to the impact, both cleaner and coolie succumbed to the injuries on the spot.
The 1st respondent-Insurance Company has fifed objections denying the accident, called upon the claimants to prove the accident, impact, contend that the claim is exaggerated. Further, contend that the liability is strictly in accordance with the terms of policy. So, plead for dismissal of the claim application.
After framing of the issues in both the petitions, the Tribunal permitted the parties to lead evidence. PWs. 1 & 2 are examined. Exs.P1 to P13 are marked. The learned member of the Tribunal has awarded a sum of Rs. 3,94,136/- with interest at 6% p.a. in each of the cases. However, no evidence is led on behalf of the Insurance Company.
Learned counsel for the claimants submitted that the accident is admitted; Actionable negligence is not disputed. It is the contention of the learned counsel that the claimants in MVC No. 6053/2007 are six in number, So, deducting 1/3rd towards personal expenses of the deceased is not proper. Secondly, it is contended that the accident is of the year 2007. So, earning assessed at Rs.3,500/- p.m. is not proper since the deceased B.N. Nagaraj was working as labourer as well as cleaner. So, the income could have been taken within the range of Rs.4,000-5,000/- p.m. looking to the number of dependants.
Similarly, in MVC No. 6054/2007, learned advocate contends that the compensation fixed is not in accordance with the mandate under the law, Seeks for enhancement.
On the other hand, learned counsel for the Insurance Company submits that the method adopted by the Tribunal in both the cases is proper as no materials are produced by the claimants to support the earnings of the deceased. Seeks for dismissal of the appeals.
I have carefully considered the materials, submissions. The accident is admitted. Actionable negligence is not disputed. The death of the earning member in each of the cases is not disputed.
The six claimants in MVC No. 6053/2007 are said to be the legal representatives of B.N. Nagaraj, Having regard to the fact that the accident is of the year 2007, the occupation of the deceased being cleaner, the income assessed requires interference. So, it is assessed at Rs.4,000/- p.m. If 1/5th of the income is deducted towards personal expenses i.e., (1/5th of Rs.4,000 = 800 (4000-800) = 3,200 x 12 = 38,400 x 17), it works out to Rs.6,52,800/- towards loss of dependency. Another sum of Rs.40,000/- is awarded towards conventional heads.
The claimants, are entitled for compensation of Rs.6,92,800/- as against Rs.3,94,136/- awarded by the Tribunal. So, the claimants are now entitled for Rs.2,98,664/- as additional compensation. It shall carry interest at 6% p.a. from the date of application till deposit.
The four claimants in MVC No. 6054/2007 are said to be the legal, representatives of one Huchahanumaiah. Having regard to the fact that the accident is of the year 2007, the occupation of the deceased being coolie, the income assessed requires interference. So, it is assessed at Rs. 4,000/- p.m. If 1/3rd of the income is deducted towards personal expenses, it works out to Rs.5,44,068/- (1/3rd of Rs.4,000 = 1333 (4000-1333) = 2667 x 12 = 32,004 x 17) towards loss of dependency and another sum of Rs.40,000/- is awarded towards conventional heads. So, the claimants are entitled to compensation of Rs.5,84,068/- as against Rs.3,94,136/- awarded by the Tribunal. So, the claimants are entitled for Rs.1,89,932/- as additional compensation.
It shall carry interest at 6% p.a. from the date of application till deposit Insurance Company is directed deposit in three months.